GIFT  OF 


REGISTRATION 


AND 


ELECTION   LAWS 


OF  THE 


STATE  OF  DELAWARE 


Incorporating  Recent  Amendments  Thereto. 


PUBLISHED  BY  AUTHORITY  OF  A  HOUSE  JOINT 

RESOLUTION  BY  THOMAS  W.  MILLER, 

SECRETARY  OF  STATE. 


GIFT 


*v 


X 


REGISTRATION 


AND 


ELECTION    LAWS 


OF  THE 


STATE  OF  DELAWARE 


Incorporating  Recent  Amendments  Thereto. 


PUBLISHED  BY  AUTHORITY  OF  A  HOUSE  JOINT 

RESOLUTION  BY  THOMAS  W.  MILLER, 

SECRETARY  OF  STATE. 


REGISTRATION 


AND 


ELECTION    LAWS 


OF  THE 


STATE  OF  DELAWARE 


Incorporating  Recent  Amendments  Thereto. 


PUBLISHED  BY  AUTHORITY  OF  A  HOUSE  JOINT 

RESOLUTION  BY  THOMAS  W.  MILLER, 

SECRETARY  OF  STATE. 


1913 

PRESS  OF  MERCANTILE  PRINTING  COMPANY 
Wilmington,  Delaware 


CHAPTER  313,  VOLUME  27. 

House  Joint  Resolution  authorizing  the  Secretary  of  State  to  have  printed 
the  Election  Laws. 

Be  it  resolved  by  the  Senate  and  House  of  Representatives  of  the 
State  of  Delaware  in  General  Assembly  met: 

That  the  Secretary  of  State  be  and  is  hereby  authorized  to 
have  printed  in  pamphlet  form  with  an  index  thereto,  two  thou- 
sand copies  of  the  Election  and  Registration  Laws  with  the 
recent  amendments  thereto,  for  the  information  of  those  who 
register  the  vote  and  hold  the  elections  of  this  State. 

Approved  March  7,  A.  D.,  1913. 


PREFACE 


In  compliance  with  House  Joint  Resolution  authorizing  the 
publication  of  two  thousand  copies  of  the  Election  and  Regis- 
tration Laws,  I  have  included  the  recent  amendments  thereto, 
since  the  publication  of  the  first  compilation  thereof,  together 
with  Chapter  393,  Volume  20,  being  "An  act  to  provide  for  the 
purity  of  Primary  Elections  in  New  Castle  County,"  making 
the  present  Volume  in  all  respects  similar  to  the  previous  publi- 
cation of  Election  and  Registration  Laws,  except  that  I  have 
included  in  one  pamphlet  all  of  the  said  Laws,  whether  appli- 
cable to  the  City  of  Wilmington  or  the  State  outside  of  said  City. 

The  especial'  attention  of  the  Registrars  and  Election  officers 
generally  is  called  to  the  amendments  made  in  the  books  styled 
"Registers"  as  to  "color"  and  "age,"  found  in  Chapter  64, 
Volume  22,  and  to  "Registration  Fee,"  found  in  Chapter  66, 
Volume  24;  to  the  amendment  made  providing  for  the  marking 
of  official  ballots  by  indelible  black  lead  pencils  or  crayons  instead 
of  stamps,  published  herein  in  Chapter  62,  Volume  22;  to  an 
Act  relating  to  appeals  from  decisions  of  Registrars  published 
as  Chapter  56,  Volume  23;  to  an  act  changing  time  for  opening 
polls  in  City  of  Wilmington,  published  as  Chapter  57,  Volume 
23,  and  to  an  Act  changing  time  for  registering  of  voters,  published 
as  Chapter  46,  Volume  26;  to  "An  act  to  further  provide  for  the 
secrecy  and  purity  of  the  ballot",  published  as  Chapter  65,  Vol- 
ume 27;  to  an  act  extending  the  provisions  of  the  New  Castle 
County  Primary  Law  to  Kent  and  Sussex  Counties. 

THOMAS  W.  MILLER, 

Secretarv  of  State. 


CHAPTER  35,  VOLUME  21. 

AN   ACT   Concerning   the   Appointment   of  Registration   Officers   and   the 
Preparation  and  Delivery  of  Registration  Books. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the 
Slate  of  Delaware  in  General  Assembly  met: 

Section  1.     The  Governor  shall,  sometime  in  the  month  of  Governor  to  ap_ 
June  in  each  year  in  which  a  general  election  is  held,  appoint  in  point  Registra- 
each  election  district  in  this  State,  outside  of  the  City  of  Wil-tlc 
mington,  three  capable  persons,  who  shall  be  voters  and  resi-  Xt[mber 
dent  in  the  Election  District  for  which  they  shall  be  appointed, 
who   shall  be  registration  officers  of  the  Election  District  for°ua 
which  they  are  appointed;    one  of  whom  shall  be  designated  as 
"Registrar",  and  the  other  two  "Assistant  Registrars",  and  not  Designation 
more  than  two  of  them  shall  be  of  the  same  political  faith;   pro- 
vided, that  the  number  of  registration  officers  in  each  Represen-  Politics 
tative  District,  shall  be  divided  as  equally  as  possible  between 
the  two  leading  political  parties,  as  the  same  shall  be  determined 
upon  by  the  Governor  at  the  time  of  making  the  appointments.  bept^i°t^oent 
For  each  appointment  accredited  to  any  political  party  under  leading  parties 
this  section  the  County  Executive  Committee  of  such  political 
party  shall  furnish  the  Governor  on  or  before  the  first  day 
June  of  the  year  in  which  said  appointment  is  to  be  made  a  list  Time  of  fur- 
of  three  names  of  properly  qualified  persons,  from  which  lists nishing  names 
the  Governor  shall  make  his  appointments.     Provided,  however, 
that  if  the  said  lists  of  names  are  not  furnished  as  aforesaid, 
then  and  in  that  event  the  Governor  shall  appoint  some  suitable  ^SnS  fur" 
person  or  persons  of  such  political  party  having  all  the  qualifi- 
cations provided  by  this  section 

Provided,  however,  that  in  the  case  of  the  Registration  offi- 
cers to  be  appointed  in  this  present  year  eighteen  hundred  Mid 
ninety-eight,   the  appointment  of  the  said  Registration  officers 
shall  be  made  sometime  between  Saturday,  the  elevnth  day  of 
June,  and  Saturday,  the  twenty-fifth  day  of  June  in  said  year ;  JjJJtmerft   ap 
and  provided,  further,  that  the  lists  of  names  to  be  furnished  by 
the  County  Executive  Committees  from  which  the  appointments 
of  such  Registration  officers  shall  be  made,  with  regard  to  those  Time  of  fur 
to  be  appointed  in  the  year  aforesaid  shall  be  furnished  not  later  nishing  names 
than  Satiirday,  the  llth  day  of  June  in  the  year  aforesaid.    The 
terms  of  office  of  such  Registration  officers  shall  begin  on  the 
first  Tuesday  in  July  next  after  their  appointment,   and  shall 


8 

continue  for  two  years  thereafter,  and  until  their  successors  shall 
be  duly  chosen  and  qualified. 

L     It  shall  be  the  duty  of  the  Governor,  when  appointing 
Registrars        Registration  officers   for   the   several   election   districts   of   this 
State,  at  the  same  time  to  appoint  in  each  election  district  in 
the  State  outside  of  the  City  of  Wilmington,  one  capable  person, 
who  shall  be  a  voter  and  resident  in  the  election  district  for  which 
he  shall  be  appointed,  to  be  "Alternate  Registrar"  for  the  said 
Term  of  office  election  district.     The  term  of  office  of  said  ''Alternate  Registrar" 
when  Alternate  snaU  be  the  same  as  that  of  the  Registrar,  and  whenever  the 
Registrar  acts  Registrar  provided  for  by  this  Act  shall  be  incapable  from  any 
cause  whatsoever  of  performing  the  duties  required  of  him  by 
the  laws  of  this  State,  the  "Alternate  Registrar"  in  the  same 
election  district  shall  act  in  his  stead,  and  while  acting  shall 
Powers  and  du-  possess  all  the  powers  and  do  and  perform  all  the  duties  of  a 
Registrar. 


H.     But  nothing  herein  contained  shall  authorize  or  empower 
the  Alternate  Registrar  to  act  at  any  time  when  there  is  a  Reg- 
istrar of  the  election  district  able  and  willing  and  present  to  act. 
If  any  Registration  officer  or  Alternate  Registrar  shall  remove 
vacancies  in    from  the  election  district  for  which  he  shall  be  appointed,  or 
?stationfofficere  shall  cease  to  be  a  voter  therein,  his  office  thereupon  become 
vacant. 

III.     If  any  vacancy  or  vacancies  should  occur  in  the  office 

vacancies  to/11  °^  Registrar,  Assistant  Registrar,  or  Alternate  Registrar  before 

residue  of  term  the  expiration  of  such  term,  from  any  cause  whatsoever,  the 

Governor  shall  appoint  some  suitable  person  or  persons  to  fill 

such  vacancy  or  vacancies,  who  shall  serve  for  the  residue  of 

such  unexpired  term  or  terms,  who  shall  possess  the  same  quali- 

QuaKfications    fications  and  be  qualified  in  the  same  manner,  possess  the  same 

powers  and  perform  the  same  duties  as  the  original  appointee 

or  appointees.      Each  Registrar,  Assistant  Registrar  and  Alter- 

nate  Registrar  appointed  for   an  election  district  outside  the 

City  of  Wilmington,  before  entering  upon  the  duties  of  his  office, 

shall  take  and  subscribe  before  the  Clerk  of  the  Peace  of  the 

County   in   which   he   shall   reside,    *each   Registrar,    Assistant 

Registrar   and   Alternate   Registrar   appointed   for    an   election 

district  in  the  City  of  Wilmington  before  entering  upon  the  duties 

of  his  office,  shall  take  and  subscribe  before  the  Department  of 

Elections  for  the  City  of  Wilmington,   the  following  oath  or 

Oath  affirmation  which  the  said  Clerk  of  the  Peace  is  hereby  author- 

ized to  administer  : 

Form  of  oath  "I,   ................  ,  residing  in  ..............  Election.  . 


*  Amended.     See  Chapter  43,  Volume  26. 


District  of  ...........  ,  Representative  District  in  ............ 

County,  do  solemnly  swear  (or  affirm)  that  I  will  support  the 
Constitution  of  the  United  States,  and  the  Constitution  of  the 
State  of  Delaware,  and  that  I  will  faithfully  discharge  the  duties 
of  the  office  of  Registrar  (or  Assistant  Registrar  or  Alternate 
Registrar)  for  ..........  Election  District  in  .........  Represen- 

tative District  in  ................  County,  faithfully,  honestly, 

fairly,  impartially,  and  according  to  the  best  of  my  ability;  that 
I  am  a  citizen  of  the  United  States,  and  of  the  State  of  Dela- 
ware, and  am  not  a  candidate  for  any  office  to  be  voted  for  by 
the  electors  of  the  election  district  for  which  I  am  appointed 
Registrar  (Assistant  Registrar  or  Alternate  Registrar),  and  that 
I  am  a  qualified  voter  in  said  election  district." 

IV.     Should  the  said  Registrar  (Assistant  Registrar  or  either 
of  them  or  Alternate  Registrar)  after  taking  said  oath  and  bef  ore  Becoming  Can 

.,  .   fe      -     J  /  r         •  i       /v'          i  -i-    didate  for  office 

entenng  upon  the  active  duties  of  said  office  become  a  candi-to  create  a 

date  for  any  office  to  be  voted  for  by  the  electors  of  the  election  vacancy 

district  for  which  he  is  appointed  Registrar   Assistant  Registrar 

or  Alternate  Registrar,  the  said  office  shall  ipso  facto  become  FilUng 

vacant  and  be  filled  by  the  appointment  of  another  person  toVacancies 

the  same.     After  any  Registrar,  Assistant  Registrar  or  Alternate 

Registrar  shall  have  entered  upon  the  active  duties  of  his  office 

he  shall  thereby  become  ineligible  to  any  office  to  be  voted  for  at  9    e.r         be 

the  next  ensuing  general  election. 


Section  2.     Each  and  every  person  appointed  as  aforesaid 
to  act  as  Registrar,  Assistant  Registrar  or  Alternate  Registrar  SSi1  c 
shall  qualify  as  such  Registrar,  Assistant  Registrar  or  Alternate 
Registrar  by  taking  or  subscribing  the  oath  or  affirmation  pre- 
scribed in  the  preceding  section,  within  ten  days  after  being  noti- 
fied of  his  appointment,  and  shall  perform  the  duties  of  the  office 
for  the  term  for  which  he  was  appointed,  unless  he  shall  become 
disqualified  by  sickness  or  otherwise;    but  any  Registrar,  Assis-Time 
tant  Registrar  or  Alternate  Registrar  who  shall  be  appointed  to  Must  Act 
fill  a  vacancy  shall  qualify  forthwith. 

If  any  Registrar,  Assistant  Registrar  or  Alternate  Registrar  Refusal  t-0  qual. 
who,  being  appointed  either  for  a  full  term  or  to  fill  a  vacancy,  tfy  and  act 
shall  refuse  to  qualify  as  aforesaid,  or,  having  qualified,  shall 
fail  or  refuse  to  perform  any  of  the  duties  of  said  office  he  shall 
forfeit  and  pay  to  the  State  a  fine  of  one  hundred  dollars  upon  con- 
viction thereof  by  indictment  in  the  Court  of  Generah  Sessions 
of  the  county  where  such  offence  was  committed. 

The   Registration  officers   aforesaid  during   the   time  they  Exemption 
hold  such  office  shall  be  exempt  from  the  performance  of  military 
and  jury  duty,  and  no  person  who  by  the  laws  of  this  State  is 


10 


Registration 
officers 


exemPt  from  Jury  duty  shall  be  required  to  serve  as  Registration 

officer. 


Prej 
bool 


Section  3.     It  shall  be  the  duty  of  the  Governor  to  cause 
the  following  books  to  be  prepared,  at  the  expense  of  the  State, 
for  the  use  of  the  said  Registration  officers  in  each  election  dis- 
°  trict  in  this  State  including  those  in  the  City  of  Wilmington  for 
the  registration  of  names  and  facts  following,  to  wit: 


Registers 


Entries 


I.  Two  books  for  the  Registration  officers  in  each  election 
district,  including  those  in  the  City  of  Wilmington,  to  be  known 
by  the  general  name  of  "Registers",  and  to  be  so  arranged  as  to 
admit  of  the  convenient  entry  of  the  following  particulars: 

First.  The  name  of  the  person  applying  to  be  registered, 
written  in  full  (or  his  first  Christian  name,  and  also  any  other 
name  by  which  he  is  generally  known,  written  in  full,  with  the 
initial  or  initials  of  any  other  name  or  names  which  he  may  have 
in  addition  thereto.) 

*Second.     Whether  his  registration  fee  is  paid  or  unpaid. 

*  Third.     His  color. 

***Fourth.     His  age. 

Fifth.     The  place  of  birth. 

Sixth.  The  place  of  his  residence,  of  street  and  number,  if 
any,  and  his  post  office  address. 

Seventh.  The  time  of  his  residence  in  the  State,  county 
and  election  district  in  which  he  shall  apply  to  be  registered. 

Eighth.     If  naturalized. 

Ninth.     If  registered  voter. 

Tenth.     If  disqualified. 

Eleventh.     Date  of  application  for  registration. 

Twelfth.     If  challenged. 

Thirteenth      Cause  of  challenge. 

Fourteenth.     Appeal. 

Fifteenth.     Remarks,   explanatory   and   supplementary. 

II.  Such  Registers  shall  be  uniform  in  their  general  char- 
acter, shall  be  ruled  in  parallel  columns,  and  shall  be  of  such  size 

style  of  books  as  to  contain  not  less  than  fifteen  hundred  names. 

III.  The  ruling  and  the  heading  in  the  above  described 
Registers  shall  be  substantially  in  the  form  following,  to  wit : 


Ruling    and 
headings 


Name . 
****Registration  Fee 


*  Amended.     See  Chapter  66,  Volume  24. 
**  Amended.     See  Chapter  64,  Volume  22. 
***  Amended.     See  Chapter  64,  Volume  22. 
****  Amended.     See  Chapetr  66,  Volume  24, 


11 

____  *Color  ..................................... 

.....  **Age  .......  .............................. 

................  Nativity  .................... 

................  Residence  ..................  ................ 

____  State  ...................  f   ™  - 

.  .  Election  District  .  .  .*  Je™  cf 

.............  County  .................  |  Residence. 

.............  Naturalized  ............  ....  ................ 

................  Registered  -Voter  ........  ....  ................ 

............  Disqualified  ............  ....  ................ 

•  .......  Date  of  application  .....  .................... 

............  If  challenged  ...........  ....  ................ 

...............  Cause  of  challenge  ......  .................... 

..............  Appeal  .......................  „  ............ 

................  Remarks  ................................... 

Second.  Two  books  for  the  Registration  officers  of  eachBooks  of 
election  district,  'to  be  known  by  the  name  of  "Books  of  Regis- 
tered  Voters."  Lists  of  all  persons  whose  names  may  be  entered 
on  the  aforesaid  as  "registered  voters".  Said  books  to  be  ruled 
in  parallel  columns  and  so  arranged  as  to  admit  of  the  convenient 
entry  in  alphabetical  order  of  the  name  of  every  person  who  may 
be  entered  on  the  registers  aforesaid  as  a  "Registered  Voter,"  Rulmgs 
and  in  the  parallel  column  opposite  the  name  of  such  person  the 
following  particulars,  to  wit  : 

First.     His  residence. 
*Second      His  color. 

**Third.     His  age,  if  he  is  between  the  age  of  twenty-one 
and  twenty-two  years  on  the  day  of  the  next  general  election. 

***Fourth.     A    book  to  be  known  as  "Registration  Certifi- 
cates," to  contain  not  less  than  fifteen  hundred  blanks  and  printed  Registration 
in  manner  and  form  as  hereinafter  provided  Certificates 

**Section  4.     The  Sheriff  of  each  County  shall  sometime 
previous  to  the  first  Saturday  in  the  month  of  July,  in  the  yearsheriff   to   de 
of  holding  the  General  Election,  deliver  to  the  Registrar  of  eachHver1  Re^istra- 
election  district  of  his  County,  two  of  the  books  known  as  "  Reg-  SSus80?^8  first 
isters",  two  of  the  books  knowrras  "Books  of  Registered  Voters",  ^ 
and  a  book  of  Registration  Certificates  hereinbefore  provided 

*  Amended.     See  Chapter  64,  Volume  22. 
**  Amended.     See  Chapter  64,  Volume  22. 
***  Amended.     See  Chapter  47,  Volume  26. 
****Amended.     See  Chapter  44  and  47,  Volume  26. 


n 


12 


iver  books  din±or'    provided  however,  that  the  Sheriff  of  New  Castle  County 
the  city  of      shall  not  deliver  said  books  for  the  several  election  districts  in 
the  City  of  Wilmington  to  the  Registrars  of  each  election  dis- 
deUve?°t?slthle  trict  *n  sa^  City,  Dut  the  Governor  shall,  previous  to  the  first 
Department  o  JSaturday  in  July  of  every  General  Election,  deliver  to  the  Depart- 
18  *      ment  of  Elections  for  the  City  of  Wilmington  two  of  the  books 
known  as  "Registers",  two  of  the  books  known  as  "Books  of 
Department  of  Registered  Voters",  and  a  book  of  Registration  Certificates  here- 
on^week^-inbefore  provided  for;    and  provided  further,  however,  that  the 
d°ary  rSiReartito'  Department  of  Elections  for  the  City  of  Wilmington,  shall,  within 
the  "several      one  week  before  the  first  day  of  registration  of  voters  in  the 
year  of  every  General  Election  deliver  to  the  Registrar  of  each 
Election  district  in  the  City  of  Wilmington  two  of  the  books 
known  as  "Registers",  two  of  the  books  knowrn  as  "Books  of 
Governor  shall  Registered  Voters"  and  a  book  of  Registration  Certificates  here- 
tJfbe  de-  inoef  ore  provided  for ;    all  of  which  said  books  addressed  to  the 
Registrar  of  each  election  district  of  the  County,  the  Governor 
pn^f06'  shall  cause  to  be  delivered  to  the  Sheriff  in  each  of  the  Counties 
Elections  before  Of  ^{s  State  and  to  the  Department  of  Elections  for  the  City  of 

the   nrst    lues-  .  ,-i  •,      /•  ,  1        r          rr\          -i          '       4    1 

day  in  July      Wilmington,  respectively,  on  or  before  the  first  Tuesday  in  July 
in  the  year  of  holding  the  General  Election. 


Endorsement 
on  books  by 
Registrars 


Section  5.  Each  of  the  said  Registrars  immediately  upon 
receiving  said  "Registrars",  "Books  of  Registered  Voters"  and 
book  of  "Registration  Certificates",  shall  endorse  upon  the  back 
and  write  at  the  head  of  each  "Register",  "Book  of  Registered 
Voters",  and  "Registration  Certificates",  delivered  to  him  as 
aforesaid,  the  name  of  the  county  and  the  name  of  the  election 
district  of  such  county  of  which  he  is  a  registrar  and  of  which 
such  books  shall  respectively  be  the  "Registers",  "Books  of  Reg- 
istered Voters"  and  book  of  "Registration  Certificates"  as  afore- 
said. 


Section  6.     All  acts  and  parts  of  Acts  supplied  by  or  incon- 
sistent with  this  Act  are  hereby  repealed. 


Approved  May  20,  A.  D.  1  898. 


13 


CHAPTER  36,  VOLUME  21. 

AN  ACT  Providing  for  a  Uniform  System  of  Registration  of  all  Qualified 

Voters  in  this  State. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the 
State  of  Delaware  in  General  Assembly  met: 

Section  1.  That  for  the  purpose  of  preventing  fraud  at  att 
elections  held  on  the  Tuesday  next  after  the  first  Monday  in  the  of  voters 
month  of  November,  as  provided  by  Section  1  of  Article  5  of  the  Purpose 
Amended  Constitution,  and  facilitating  the  ascertainment  of 
those  who  are  duly  qualified  electors  according  to  the  said  amended 
Constitution  and  laws  of  this  State,  there  shall  hereafter  be  a 
general  registration  of  all  the  qualified  voters  resident  in  each 
election  district  of  this  State. 

Section  2.     It  shall  be  the  duty  of  the  Registrar  and  two  Duty  of  Regis- 
Assistant  Registrars  appointed  in  each  election  district  in  thistration  officers 
State  to  register  the  names  of  all  qualified  voters  in  each  of  such 
election  districts  as  hereinafter  provided  in  this  Act.    And  to  that 
end  shall  sit  for  the  purpose  of  ascertaining  and  registering  the 
persons  who  are  qualified  to  enjoy  the  right  of  an  elector  at  the 
general  election  then  next  following,  at  such  public  and  suitable  Places 
places  in  their  respective  election  districts  as  will,  in  their  judg- 
ment, be  most  convenient  for  the  voters  thereof,  from  8  o'clock 
A.  M.  until  7  o'clock  P.  M.,  with  an  intermission  from  12  to  1  Hours 
o'clock,  on  the  third  Saturday  in  July  and  the  first  and  second  Dav 
Saturdays  in  August,  and  on  the  third  Saturday  in  September, 
and  on  the  third  Saturday  next  preceding  the  day  of  election, 
provided,  however,  that  in  the  City  of  Wilmington,  the  Depart-  Department  of 
ment  of  Election  for  the  City  of  Wilmington,  shall  at  least  ten  §£?  public 
days  prior  to  the  first  day  set  for  the  purpose  of  Registration  as  notice 
aforesaid,  give  the  public  notice  by  advertisements,  posted  in 
ten  or  more  of  the  most  public  places  in  each  election  district, 
in  the  City  of  Wilmington,  of  the  places  where  the  registration 
officers  shall  sit  for  Registration  of  voters  as  aforesaid,  and  the 
day  or  days  when  they  will  sit  at  each  of  said  places. 

Each  of  said  Registrars,  at  least  ten  days  prior  to  the  first  Notices  of 
sitting  for  the  purpose  of  registration  as  aforesaid,  shall  give places  of  sitting 
public  notice,  by  advertisement,  posted  in  ten  or  more  of  the 
most  public  places  in  his  election  district,  of  the  places  where 


14 

the  Registration  officers  shall  sit  for  the  registration  of  voters  as 
aforesaid,  and  the  day  or  days  when  they  will  sit  at  each  of  said 
places. 


Section  3.     The  Registration  officers  shall  admit  into  the 
in  room  room  in  which  registration  is  being  made  one  suitable    person 

to  be  selected  by  and  to  represent  each  of  the  political  parties 
having  tickets  to  be  voted  for  at  the  coming  election  the  appli- 
cants for  registration  (one  at  a  time)  and  such  witness  or  wit- 
nesses as  the  applicant  may  desire  to  establish  his  right  to  be  reg- 
Limitation  of  istered,  and  such  witness  or  vwitnesses  as  the  person  who  chal- 
lenges the  right  of  any  applicant  to  be  registered  as  he  may  name 
provided,  however,  that  in  no  case  shall  there  be  more  than 
one  witness  in  the  room  at  the  same  time,  and  provided  further 
other  persons  that  no  other  person  or  persons  shall  be  admitted  into  the  room 

.-,,-,•*-          A«4*»».4"ft>A^  -•-  ..-  -  -  •  '  f 

during  the  registration  of  voters,  and  they  may  eject  from  the 
room  any  of  such  persons  behaving  in  a  disorderly  manner. 


witnesses  in 
room 


not  admitted 


Ejecting 
persons 


Registration 
officers  to  meet 


Section  4.  The  Registrar  and  the  Assistant  Registrars  in 
each  election  district  in  this  State  shall  at  the  times  in  this  Act 
designated  for  registration  meet  in  their  respective  election  dis- 
tricts at  the  places  which,  as  provided  in  this  act  shall  be  desig- 
nated for  such  meeting,  and  at  such  times  shall  do  and  perform 
the  following  acts,  viz. 


Collection  of 
Registration 
fee 


*First.  Upon  the  personal  application  of  any  one  to  be 
registered,  it  shall  be  the  duty  of  the  Registrar  to  demand  and 
receive  of  the  applicant,  the  registration  fee  of  one  dollar,  which 
shall  be  returned  to  the  said  applicant  if  his  name  shall  not  be 
entered  on  the  books  of  Registered  Voters  as  a  "Registered 
Voter". 


Recording 
name  of 
applicant 


Second.  They  shall  record  in  the  registers  in  the  column 
head  "name"  the  name  of  every  male  person  who  shall  per- 
sonally appear  before  them,  and  apply  to  be  registered,  writing  his 
surname  and  first  Christian  name  in  full  and  also  any  other  name 
by  which  he  is  generally  known,  with  the  initial  or  initials  of 
any  other  name  or  names  which  he  may  have  in  addition  thereto, 
the  surname  being  written  first.  The  names  of  said  applicant 
for  registration  shall  be  numbered  consecutively  in  the  order 
of  their  application,  the  number  being  entered  on  the  Registers 
in  figures  immediately  before  each  name. 


Third.     They    shall    examine   all    persons,    who    personally 
apply,  as  to  their  qualifications  as  electors,  and  shall  immediately 


*  Amended.     See  Chapter  66,  Volume  24. 


15 

enter  in  the  Register  the  statements  and  facts  below  set  forth, 
and  in  the  manner  following,  viz. : 

**I.     In  the  column  headed  "Registration  Fee"  the  word  Registration 
"paid"  or  "unpaid",  as  the  case  may  be. 

*II.     In  the  column  headed  "color",   they  shall  enter  his Color 
color. 

**III.     In  the  column  headed   "age",   the  age  of  the  appli-Age 
cant 

IV.  In  the  column  headed  "nativity",  they  shall  enter  thexativity 
State,  territory  or  country  in  which  the  applicant  states  he  was 
born. 

V.  Under  the  column  "residence"  the  name  and  number  Residence 
of  the  street,  avenue,  or  other  location  of  the  dwelling,  if  there 

be  a  number,  and  if  there  shall  not  be  a  number,  the  post  office 
of  the  person  so  applying  for  registration,  or  such  other  clear 
and  definite  description  of  the  place  of  said  dwelling  as  shall 
enable  it  to  be  readily  ascertained,  fixed  and  determined. 

VI.  In  the  subdivision  of  the  column  headed  "term  of  resi-  Term  of 
dence"  how  long  he  has  resided  in  the  State,  how  long  in  theresidence 
County  and  how  long  in  the  election  district  in  which  he  applies 

to  be  registered. 

VII.  In  the  column  headed  "naturalized"  the  words  "yes"  Naturalization 
or  "no"  or  "native"  as  the  facts  shall  appear. 

VIII.  In   the   column   headed   "registered   voter",    if   the  Registered 
registration  officers  shall  be  satisfied,  upon  examination  or  other-  voter 
wise,  that  the  applicant  for  registration  is  entitled  to  be  regis- 
tered as  a  registered  voter,  they  shall  write  his  name  in  full  as 
written  in  the  first  column. 

IX.  In  the  column  headed  "disqualified",  if  they  are  satis- Disqualified 
fied  upon  examination  or  otherwise,  that  the  applicant  for  reg- 
istration is  disqualified  as  an  elector  in  the  election  district  in 

which  he  shall  apply  to  be  registered,  a  line  shall  be  heavily 
drawn  in  ink  opposite  his  name  headed  "Registered  Voter"  and 
the  cause  of  his  disqualification  shall  be  briefly  stated  in  the 
column  headed  "disqualified",  opposite  his  name  as  first  recorded, 

**  Amended.     See  Chapter  66,  Volume  24. 
*  Amended.     See  Chapter  64.  Volume  22. 
**  Amended.     See  Chapter  64,  Volume  22, 


16 


Qualifications 


voters 


acquire 
residence 


Disqualifica- 
tions 


and  a  line  shall  be  drawn  across  his  name  as  first  entered,  but 
in  such  manner  that  said  name  shall  remain  legible.  Provided, 
that  every  applicant  for  registration  shall,  upon  payment  of  the 
*registration  fee,  be  held  and  considered  to  be  a  qualified  voter, 
if  he  be  a  male  citizen  of  this  State  of  the  age  of  twenty-one 
years  and  upwards,  or  who  will  be  the  age  of  twenty-one  years 
on  or  before  the  day  of  election,  next  succeeding  his  registra- 
tion, and  will  have  resided  in  this  State  one  year  next  before  such 
election,  and  for  the  last  three  months  thereof  will  have  been  a 
not  resident  of  the  county,  and  for  the  last  thirty  days  a  resident 
of  the  election  district  in  which  he  may  offer  to  vote  and  in  which 
he  shall  have  been  duly  registered;  provided  that  no  person 
in  the  military,  navy,  or  marine  service  of  the  United  States 
shall  be  considered  as  acquiring  a  residence  in  this  State,  by 
being  stationed  in  any  garrison,  barrack,  or  military  or  naval 
place  or  station  within  this  State;  and  no  idiot,  or  insane  per- 
son, pauper,  or  person  convicted  of  a  crime  deemed  by  law  a  fel- 
ony or,  person  who  shall  have  been  rendered  incapable  of  voting 
by  reason  of  violating  Section  7  of  Article  5  of  the  Constitution 
of  this  State  for  ten  years  next  following  his  conviction  and  sen- 
tence thereunder,  shall  be  held  or  considered  a  qualified  voter. 


X.  In  the  column  headed  "Date  of  Application",  they  shall 
enter  the  day  of  the  month  and  year  on  which  application  for 
registration  is  made. 


Challenges 


or 


XI. 

no" 


In  the  column  headed  "if  challenged"  the  words  "yes" 


Cause  of 

Challenge 


XII.     In  the  column  headed  "cause  of  challenge",   they 
shall  enter  the  objections  and  by  whom  made. 


Appeal  XIII.     In  the  column  headed 

"yes"  or  "no". 


Appeal"  they  shall  answer 


Remarks  XIV.     In  the  column  headed  "remarks"  they  may  enter 

such  facts  or  statements  as  they  may  deem  pertinent  to  the 
qualification  or  disqualification  of  the  applicant  as  an  elector. 

Postponement  Fourth.     In  making  the  entries    hereinbefore    specified    the 

of  appficanats1(in  Registration  officers  shall  in  every  case,  make  such  entries  in 

case  of  doubt    the  columns  above  specified  opposite  the  name  of  the  applicant 

to  whom  such  entries  are  intended  to  apply,  if  the  Registration 

officers  shall  be  in  doubt,  after  the  primary  examination  of  the 


*  Amended.    See  Chapter  66,  Volume  24, 


17 

applicant  for  registration,  and  upon  such  evidence  as  may  be 
immediately  obtainable,  whether  such  applicant  ought  to  be 
registered  as  a  registered  voter,  they  may  postpone  the  deter- 
mination of  the  matter  to  their  next  sitting  or  to  a  later  sitting 
at  the  request  of  the  applicant. 

Fifth.     It  shall  be  the  duty  of  the  Registration  officers  of  signing  each 
each  and  even-  election  district  in  this  State,  upon  the  close  of  ^gSration 
each  day's  registration,  to  write  in  the  line  on  their  registers, 
immediately  below  the  last  person  registered  on  said  day  the  words 

"end    of    the day's    registration,"    and    immediately 

under  said  entry  the  said  Registration  officers  shall  sign  their 
respective  names  with  the  proper  designation  of  their  office.    The  Not  to  interfere 
said  entries  shall  in  no  way  interfere  with  the  numbering  of 
names  of  the  persons  as  the  same  shall  be  entered  upon  said  reg- 
isters,  but  the  same  shall  be  continued  as  if  the  said  entries  had 
not  been  made. 

Section  5.     If,  upon  the  personal  application  of  any  one  to  in  case  of  chai- 
be  registered,  he  shall  be  challenged  for  having  received  or  accepted,  {££*?  e|°r,  Oa"h" 
or  for  having  offered  to  receive  or  accept  or  for  having  paid,  *°tejj^  admin- 
transferred  or  delivered,  or  for  having  offered  or  promised  to 1S 
pay,  transfer  or  deliver,  or  for  having  contributed  or  offered  or 
promised  to  contribute  to  another  to  be  paid  or  used  any  money 
or  other  valuable  thing  as  a  compensation,  inducement  or  reward 
for  the  registering  or  abstaining  from  registering  of  any  one 
qualified  to  register,  it  shall  be  the  duty  of  the  Registrar  to 
administer  to  the  person  so  challenged  an  oath  or  affirmation  as 
follows,  viz. : 

"You  do  solemnly  swear  upon  the  Holy  Evangels  of  Al- Form  of  oath 
mighty  God  (or  'You  do  solemnly,  sincerely  and  duly  declare 
and  affirm ')  that  you  have  not  received  or  accepted  or  offered  to 
receive  or  accept,  or  paid,  transferred  or .  delivered,  or  offered  or 
promised  to  pay,  transfer  or  deliver,  or  contributed  or  offered 
or  promised  to  contribute  to  another,  to  be  paid  or  used,  any 
money  or  other  valuable  thing  as  a  compensation,  inducement 
or  reward  for  the  registering  or  abstaining  from  registering  of 
any  one  qualified  to  register  at  the  registration  for  this  present 
year,  so  help  you  God"  (or  "so  you  do  solemnly,  sincerely  and 
truly  declare  and  affirm"). 

Such  oaths  or  affirmations  shall  be  conclusive  evidence  tooath  to  t>t 
the  Registration  officers  of  the  truth  of  such  oath  or  affirm 
but  if  any  such  oath  or  affirmation  shall  be  false,  the  person 
making  the  same  shall  be  guilty  of  perjury,  and  on  conviction  piSry0 


18 

thereof  shall  bar  any  prosecution  under  Section  8  of  Article  5 
°^  tne  Amended  Constitution.  If  any  person  so  challenged  as 
aforesaid,  shall  refuse  to  make  the  oath  or  affirmation  above 
prescribed,  then  it  shall  be  the  duty  of  the  Registration  officers 
to  cause  a  line  to  be  heavily  drawn  in  ink  opposite  his  name 
in  the  column  headed  "Registered  Voter",  and  the  column 
headed  "Disqualified"  to  insert  the  words  "disqualified  for 
quaHficationdls"  refusing  to  make  the  oath  concerning  bribery  at  registration," 
opposite  his  name  as  first  recorded,  and  a  line  shall  be  drawn 
across  his  name  as  first  entered,  in  such  manner  that  said  name 
shall  remain  legible. 

Entries  in  Section  6.     When  the  Registration  officers  of  any  election 

t^red5  v°oftersglfn  district  in  this  State,  at  any  of  the  sittings  hereinbefore  provided 

appsii?ant°f       for'  sna11  enter  m  tne  Registers  the  name  of  any  applicant  for 

registration  as  a  registered  voter,  they  shall  immediately  there- 

after enter,  in.  the  presence  of  such  applicant,  if  he  remains  in 

attendance,  in  its  proper  alphabetical  place  in  the  "Book  of 

Registered  Voters",  heretofore  provided  for,  the  name  of  such 

applicant,  and  also  his  residence,  and  color,  and  his  age,  if  he 

will  be  between  the  ages  of  twenty-one  and  twenty-two  on  the 

day  of  the  next  following  general  election. 


airphabegtic0ai  III.     The  said  Registration  officers  shall  within  one  week 

voters  gis~  a^er  the  third  sitting  as  aforesaid  cause  to  be  printed  not  less 


than  fifty  copies  of  the  alphabetical  lists  of  registered  voters  as 
contained  in  the  "Book  of  Registered  Voters",  together  with 
the  entries  opposite  the  names  in  said  books,  and  shall  within 
the  said  week  cause  one  of  said  printed  copies  of  each  of  said 

Posting  of  lists  lists  to  be  posted  in  at  least  ten  of  the  most  public  places  in  their 
election  district,  and  shall  use  the  remaining  copies  in  such  a 
manner  as  in  their  judgment  will  be  most  likely  to  secure  pub- 

shaii  have  licity  and  general  inspection;  "provided,  however,  that  in  the 
°f  City  of  Wilmington,  the  Department  of  Elections  for  the  City 
of  Wilmington  shall  within  one  week  after  the  third  sitting  of 
the  registration  officers  as  aforesaid,  cause  to  be  printed  not  less 
than  twnety-five  copies  of  the  alphabetic  lists  of  registered  voters 
of  each  election  district  in  the  City  of  Wilmington  as  contained 
in  "Book  of  Registered  Voters,"  together  with  the  entries  oppo- 
site the  names  in  said  books,  and  shall  within  the  said  week 
cause  one  of  said  printed  copies  of  each  of  said  lists  to  be  posted 
be  pub-  in  at  least  ten  of  the  most  public  places  in  the  election  district, 
iy  posted  an(j  shall  use  the  remaining  copies  in  such  a  manner  as  in  their 


Amended.     See  Chrv  ume  26. 


19 

judgment   will  be  most  likely  to  secure  publicity  and  general 
inspection. 

Five  copies  of  the  alphabetical  list  of  Registered  voters  f or  £? 
each  District  shall  immediately  be  delivered  to  the  County  Com- 
mittees  of  each  of  the  two  leading  political  parties,  by  the  persons 
who  caused  the  same  to  be  printed. 

Section  7.  Upon  the  affidavit  of  a  legal  voter  in  an  election 
district,  made  before  any  person  authorized  by  the  laws  of 
State  to  administer  oaths  and  represented  to  the  Registration 
officers  of  the  election  district,  of  which  said  affiant  is  a  voter, 
that  in  his  opinion  any  person  (naming  him)  is  illegally  regis- 
tered in  such  election  districts  as  a  registered  voter  and  setting 
forth  the  reasons  therefor,  it  shall  be  the  duty  of  the  Registra- 
tion officers  to  examine  into  the  matter  of  the  registration 
such  persons,  and,  if  said  Registration  officers  deem  it  a  proper 
case  for  a  hearing,  notice  shall  be  given  to  such  person,  either 
personally  or  in  writing,  in  the  manner  hereinafter  provided, 
to  appear  before  the  said  Registration  officers  at  their  next  sit- 
ting to  showr  cause  why  his  name  shall  not  be  stricken  from  the 
"Books  of  the  Registered  Voters"  of  such  election  district.  And  Entries  in  case 

.  -  .          P  ,    .  .          *  •§_       T»       •  _i_      j.'  rt?  111  °f   decisions   to 

if  upon  examination  and  inquiry  the  Registration  omcers  snail  strike  off  name 
be  satisfied,  at  the  sitting  at  which  such  person  had  notice  to 
appear,  that  he  ought  not  to  be  registered  as  a  registered  voter, 
a  heavy  line  shall  be  drawn  in  ink  through  his  name  in  the  col- 
umn headed  "Registered  Voter",  and  a  line  shall  be  drawn 
through  his  name  as  first  entered,  but  in  such  manner  as  said 
name  shall  remain  legible,  and  the  cause  of  his  disqualification 
shall  be  briefly  stated  in  the  column  headed  "Disqualified,"  and 
in  the  column  headed  "Remarks",  opposite  his  said  name  shall 
be  written  the  words,  "adjudged  disqualified  on  revision  by  the 
Registration  officers,"  and  the  date  when  his  disqualification 
was  ascertained  as  aforesaid  and  in  the  books  of  "registered 
voters"  a  heavy  line  of  ink  shall  be  drawn  through  his  name, 
his  residence,  his  color  and  his  age. 

Section  8.     If  any  person  registered  as  a  registered  voter,  Removal  from 
in  any  election  district  in  this  State,  shall,  after  he  is  so  registered,  District  in 
remove  from  the  district  in  which  he  is  so  registered  to  any  other  registered 
district  in  the  county,  he  may  apply  in  person  to  the  registration 
officers  of  the  election  district  in  which  he  is  registered  and  have  Application  to 
his  name  stricken  from  the  "Registers"  and  from  the  "  Books  ofi 
of  Registered  Voters"  in  which  his  name  shall  appear,  and  may 
obtain  from   said   registration  officers   a   certified   copy   of   the  Certified    copy 
entries  in  the  register  relating  to  him,  together  with  a  certifi-  certificate 
cate  that  his  name  has  been  stricken  from  the  register  and  books 


20 

of  registered  voters,  as  aforesaid;  and  it  shall  be  lawful  for  him, 
after  his  name  shall  be  so  stricken  from  said  registers  and  book 
of  registered  voters,  to  cause  himself  to  be  registered-  in  the 
election  district  to  which  he  may  have  removed  upon  produc- 
ing the  aforesaid  certificate  and  copy  of  entries  in  said  registers 
and  books  of  registered  voters ;  provided  that  by  the  next  f  ollow- 
JcSdin0ceas  to  mg  general  election  he  will  have  acquired  in  the  election  district 
to  which  he  has  removed  the  residence  required  by  the  consti- 
tution. And  the  registration  officers  to  whom  such  persons  may 
apply  to  have  his  name  stricken  from  the  registers  and  books 
of  registered  voters  shall  draw  a  line  in  ink  through  his  name 
and  all  the  entries  opposite  his  name  in  said  registers  and  books 
of  registered  voters,  and  in  the  column  in  the  registers  headed 

r/ntnes  m  case  ,,  1      »     1     11  «  if  j-i  •        t      *•         i-  .,    « 

of  such  appii-    remarks     shall  enter     removed  from  this  election  district  into 

election  district  in  this  County,"  and  shall  prepare 

and  deliver  to  him  the  certified  copy  of  entries  and  the  certificate 
aforesaid. 

acltsrofmregistra-         Section  9.     At  every  sitting  of  said  Registration  officers  two 
tion  officers      shall  constitute  a  quorum  and  the  acts  of  a  majority  shall  be  as 
•    valid  as  the  acts  of  all  of  them. 


Written  notice  H-  In  a^  cases  where  written  notice  is  required  by  this 
what  sufficient  act  to  be  given  to  any  person  such  notice  shall  be  deemed  suffi- 
cient if  addressed  to  the  person  to  be  notified  at  the  postoffice 
named  by  him,  at  the  time  of  his  application  for  registration, 
and  deposited  in  the  mail  not  later  than  the  Wednesday  next 
preceding  the  sitting  of  the  Registration  officers  at  which  he  may 
be  notified  to  appear. 


°f         Section  10.     It  shall  be  the  duty  of  the  Registration  officers, 
Books  immediately  after  the  close  of  their  last  sitting,   carefully  to 

compare  the  two  Registers,  and  see  that  they  agree  with  each 
other  in  every  particular,  and  also  to  compare  the  alphabetical 
lists  of  "Registered  Voters"  as  contained  in  the  "Books  of  Reg- 
istered Voters"  aforesaid,  with  the  said  Registers,  and  to  see 
that  the  name  of  every  person  entered  upon  the  Reg  sters  as  a 
Registered  Voter  is  entered  in  its  proper  alphabetical  place  on 
each  of  the  two  lists  of  Registered  Voters,  together  with  the 
residence  and  color,  and  also  the  age  if  it  be  between  the  ages 
Entry  of  of  twenty-one  and  twenty-two  years  on  the  day  of  the  next  gen- 
omitted  names  eraj  election,  as  entered  on  the  Registers.  And  if  any  name  in 
the  Registers  which  ought  to  have  been  entered  on  said  alphabeti- 
cal lists  of  Registered  Voters  shall  have  been  omitted  therefrom, 
it  shall  be  the  duty  of  said  Registration  officers  to  enter  such 
name  in  its  proper  alphabetical  place,  on  the  proper  alphabetical 


21 

lists,   together  with  the  proper  entries  as  they  appear  on  the 
said  Registers. 

II.  And  it  shall  be  the  further  duty  in  such  comparison  of  ^ 
the  alphabetical  lists  with  the  Registers  to  make  such  correc- 
tions on  the  alphabetical  lists  as  will  make  the  names  and  entries 
appearing  on  the  alphabetical  lists  agree  with  the  same  names 
and  entries  as  entered  on  the  registers.      It  shall  also  be  the 

duty  of  the  said  Registration  officers,  within  three  days  after  their  Certificate  to  be 
last  sitting,  to  append  to  each  of  said  alphabetical  lists  of  "  regis- 
tered  voters"  contained  in  said  "Books  of  Registered  Voters" 
a  certificate,  verified  by  the  oath  or  affirmation  of  said  Registra- 
tion officers,  or  at  least  two  of  them,  that  the  said  "Book  of 
Registered  Voters"  contain  a  complete  list  of  the  registered 
voters  of  said  election  district,  as  the  same  are  entered  in  the 
"Books  of  Registered  Voters"  of  such  election  district. 

III.  And  the   said  Registration  officers   shall,   within  the 

three  days  aforesaid,  also  append  to  the  registers  of  their  elec-  £f appended* to 
tion  districts  a  certificate  that  each  of  said  Registers  is  the  official  Registers 
Register  of  such  election  district,  and,  so  far  as  with'n  their 
knowledge,  no  false  or  improper  entries  have  been  made  therein, 
which  certificate  shall  be  made  and  verified  by  at  least  two  of 
said  Registration  officers. 

Section  1 1 .     From  the  decision  of  the  Registration  officers  Appeal  to  Resi- 
granting  or  refusing  registration,  or  striking  or  refusing  to  strike  judge  or  other 
a  name  or  names  from  the  Registration  lists,  any  person  inter- Judge 
ested,  or  any  Registration  officers  may  appeal  to  the  Resident 
Associate  Judge  of  the  county,  or  in  case  of  his  disability  or 
absence  from  the  county,  to  any  judge  entitled  to  sit  in  the 
Supreme  Court,  whose  determination  shall  be  final,  and  in  order  Decision  final 
to  prosecute  said  appeal  it  shall  be  the  duty  of  the  person  taking 
the  same  to  notify  the  "Registrar"  of  the  election  district  from  the 
decision  of  whose  officers  said  appeal  is  taken  stating  in  said  Notice  to 
notice  the  time  when  said  appeal  will  be  presented  to  the  resi-Regist 
dent  Associate  Judge  of  his  county  or  such  Judge  of  the  Supreme 
Court  as  may  sit  for  the  purpose  of  receiving  and  hearing  such  Time  of  hearing 
appeal  which  time  shall  be  one  of  the  days  hereinafter  named appeal 
for  such  resident  Associate  Judge  or  Judge  of  the  Supreme  Court 
to  sit  for  the  purpose  of  receiving  and  hearing  appeals. 

*Sections  12,  13  and  14.     ******* 


*  Amended.     See  Chapter  45,  Volume  25. 


22 

£ntieRegiSatrbarSs         Section  15.     It  shall  be  the  duty  of  the  assistant  registrars 
to  make  entries  in  this  Act  provided  f or  to  make  all  the  proper  entries  in  the 
"Registers"  and  "Books  of  Registered  Voters"  as  the  same  are 
required  by  this  Act  to  be  made,  except  such  entries  as  are  pro- 
vided for  in  Section  16  of  this  Act;   and  it  shall  be  the  duty  of 
ofdRe^s?rarety  ^e  re^strar»  m  addition  to  the  other  duties  required  of  him,  to 
fill  up,  prepare  and  deliver  all  certificates  of  registration  that  may 
be  required  by  registered  voters,  and  to  receive  and  file  all  affi- 
davits which  my  be  filed. 

fudge!  to  hear         Section  16.     It  shall  be  the  duty  of  the  resident  Associate 
appeals  Judge  of  New  Castle  County  to  sit  at  the  Levy  Court  room  of 

New  Castle  County,  and  the  resident  Associate  Judge  of  Kent 
County  to  sit  at  the  Levy  Court  of  Kent  County,  and  the  resi- 
dent Associate  Judge  of  Sussex  County,  to  sit  at  the  office  of 
the  Clerk  of  the  Peace  for  Sussex  County,  or  if  said  places  can- 
not conveniently  be  had,  then  at  such  proper  and  suitable  places 
in  the  county  seat  of  the  respective  counties  of  this  State  as 
shall  be  designated  by  notice  signed  by  the  said  resident  Associate 
Judge  of  his  county,  and  posted  on  the  door  of  the  respective 
places  aforesaid,   stating  where  he  will  sit  for  the  purpose  of 
hearing  appeals  from  the  decision  of  the  Registrars  in  the  respec- 
Time  of  sitting  tive  election  'districts  in  this  county  on  ^Thursday  next  follow- 
in  August        jng  fae  third  Saturday  of  August,  in  the  year  in  which  registra- 
Hour  tion  is  required  by  law  to  be  made,  at  10  o'clock  in  the  morning 

of  said  day,  on  which  day  he  shall  receive  appeals  from  such 
Hearing  persons  as  shall  have  appealed  from  the  decision  of  the  Regis- 
appeais  tration  officers  of  the  respective  election  districts  in  his  county, 

which  shall  be  presented  on  said  day,  and  he  shall  proceed  to  hear 
all  appeals  which  shall  have  been  filed  as  aforesaid  on  said  day, 
and  may  continue  the  hearing  of  any  such  appeal  or  appeals  from 
day  to  day  during  the  remainder  of  the  week,  and  shall  sit  again 
on  the  *Tuesday  next  following  for  the  purpose  aforesaid,  to 
hear  and  determine  such  appeals  as  shall  not  have  been  acted 
upon  the  *previous  week,  and  also  such  as  may  be  presented  and 
filed  on  said  last  mentioned  day,  and  may  continue  the  hearing 
of  any  appeal  or  appeals  then  unheard  from  day  to  day  dur- 
ing the  remainder  of  the  week,  and  until  all  appeals  which  shall 
then  have  been  filed  shall  have  been  heard  and  decided.  The 
said  resident  Associate  Judge  shall  again  sit  for  the  purpose  of 
hearing  appeals  as  aforesaid  on  the  Tuesday  next  following  the 
ieptember  last  day  of  registration  as  provided  for  in  this  Act,  to  receive 
appeals  from  such  persons  as  shall  have  appealed  from  the  deci- 
sion of  the  Registration  officers  of  the  respective  election  district 


*  Amended.     See  Chapter  56,  Volume  23. 


23 

in  his  county  as  aforesaid,  made  on  the  said  last  day  of  registra- 
tion, and  any  other  appeal  or  appeals  which  for  any  cause  he 
may  ha,ve  continued  from  a  preceding  sitting,  and  shall  pro- 
ceed to  hear  all  appeals  which  shall  have  been  filed  as  aforesaid, 
and  may  continue  the  hearing  of  any  such  appeal  or  appeals 
from  day  to  day  during  the  remainder  of  the  week,  and  shall 
sit  again  on  the  Tuesday  next  following,  for  the  purpose  afore- 
said, to  hear  and  determine  such  appeals  as  shall  not  have  been 
acted  upon  the  previous  week,  and  also  such  as  may  be  presented 
and  filed  on  said  last  mentioned  day,  and  may  continue  the  hear- 
ing of  any  appeal  or  appeals  then  unheard  from  day  to  day  dur- 
ing the  remainder  of  the  week,  and  until  the  close  of  the  day 
next  preceding  the  day  of  the  election:  *provided,  that  all 
appeals  which  shall  have  been  taken  from  the  decision  of  the 
Registration  officers  made  at  their  sittings  in  August  and  Sep- 
tember, and  which  shall  be  presented  to  the  resident  Associate  Oath 
Judge  at  his  sitting  on  the  Tuesday  next  after  the  last  day  of 
registration  as  aforesaid  to  hear  appeals,  shall  not  be  received  deiaynd€ 
and  acted  on  unless  the  appellant  shall  make  oath  before  the 
said  resident  Associate  Judge  that  the  delay  in  presenting  his 
said  appeal  was  not  for  the  purpose  of  hindering  or  delaying 
the  said  resident  Associate  Judge  or  the  officer  of  registration  in 
his  election  district  in  the  discharge  of  the  duties  imposed  upon 
them  respectively  under  the  provisions  of  this  Act. 

II.     No  appeal  shall  be  received  and  acted  upon  by  the  Affidavit  of 
resident  Associate  Judge  unless  the 'appellant  shall,  at  the^timen° 
of  presenting  his  appeal  make  an  affidavit,  that  notice  of  his 
intention  to  present  his  appeal  on  this  day  was  served  upon  the 
Registrar  of  his  election  district;    any  person  applying  to  the 
said  resident  Associate  Judge  to  have  any  name  appearing  on 
the  register  and  books  of  registered  voters  in  his  election  dis-  Notice  to  regis. 
trict  in  any  manner  incorrect  to  be  corrected  shall  notify  thetra*  of  appii- 
Registrar  of  the  election  district  on  whose  books  such  name  is  coSectio°ns 
incorrectly  entered  of  his  intention  to  make  application  for  the 
correction  thereof,  so  that  the  said  Registrar  shall  and  may  be 
present  with  his  register  and  books  of  registered  voters  to  make 
such  corrections   therein  as   the  said  resident  Associate  Judge 
shall  order  and  direct;    provided,   that   no   correction  shall  be 
ordered  to  be  made  by  the  said  resident  Associate  Judge  unless 
he  shall  be  satisfied  by  the  oath  of  the  applicant  or  otherwise 
that  notice  of  the  intended  application  for  correction  shall  have 
been  given  to  or  served  upon  the  Registrar  of  the  appellant's 

*  Amended.     See  Chapter  56.  Volume  23, 


24 

election  district  of  his  intention  to  make  said  application.  All 
notice8  °f  notices  required  to  be  given  or  served  by  the  provisions  of  this 
section  upon  any  Registrar  shall  be  given  or  served  person- 
ally at  least  three  days  before  the  application  is  made  or  by 
leaving,  in  the  presence  of  an  adult  male  person,  a  written  copy 
of  such  notice  at  the  usual  place  of  abode  of  such  Registrar,  at 
^eas^  three  days  before  the  application  shall  be  made,  and  no 
application  for  correction  or  for  the  hearing  of  an  appeal  shall 
neard  upon  any  day  which  is  set  apart  by  this  Act  as  a  day 


day  of  for  the  registration  of  voters 

registration 


order  of  jud  e  ^'  Upon  tne  decision  of  the  respective  resident  Asso- 
for  making"  ge  ciate  Judges  on  each  and  every  appeal,  the  resident  Associate 
Judge  making  the  decision  shall  order  and  direct  the  Registrar  of 
the  election  district  from  the  decision  of  whose  Registration  offi- 
cers the  appeal  shall  have  been  taken,  and  who  shall  be  present 
with  his  "Registers"  and  "Books  of  Registered  Voters"  as  here- 
inafter provided,  to  make  such  entries  in  his  "Registers"  and 
"Books  of  Registered  Voters,"  as  such  Registrar  is  authorized 
by  the  provisions  of  Section  4  of  Article  V  of  the  Constitution 
of  this  State  and  by  the  provisions  of  this  Act  to  order  and  direct 
to  be  made  and  as  are  required  by  law  to  be  made  in  said  ' '  Reg- 
isters" and  "Books  of  Registered  Voters"  by  the  Registration 
officers  in  case  where  a  person  is  entitled  to  be  Registered  as  a 
Registered  Voter,  upon  the  payment  of  the  Registration  fee  as 
hereinbefore  provided,  or  as  any  one  who  is  disqualified. 


g*eto         IV.  All  duties  which  are  imposed  upon  the  resident  Asso- 
appiy  to  judge  ciate  Judge  of  the  County  by  the  provisions  of  this  Act  and 

of  Supreme  .J,,     &    .      ,  .  ,.  1     ,/,  i    .,  1  «          i         • 

Court  sitting  in  especially  of  this  section  shall  be  and  they  are  hereby  imposed 
Redden?  judge  upon  and  required  to  be  performed  by  such  Judge  of  the  Supreme 
Court  as  shall  at  any  time  be  sitting  in  any  of  the  Counties  of 
this  State  for  the  purpose  of  hearing  appeals  under  this  Act 
in  lieu  of  the  resident  Associate  Judge  of  the  County  when  he 
shall  be  unable  to  sit  either  from  disability  or  absence  from  the 
County. 

cuesfodian  of  '  Section  17.  In  order  that  the  Registrar  in  each  and  every 
election  district  in  this  State,  may  be  enabled  to  perform  the 
-duties  especially  required  of  him  by  this  Act,  he  shall  retain 
and  keep  possession  of  and  be  responsible  for  the  "Registers" 
and  "Books  of  Registered  Voters"  and  book  of  registration 
certificates  of  his  election  district  at  all  times  excepting  when 
being  used  by  the  Registration  officer  of  his  election  district  for 
the  purpose  of  registration;  and  it  shall  be  his  duty  to  attend 


25 

and  be  present  at  all  hearings  of  which  he  had  notice  before 
resident  Associate  Judge  of  the  County  or  such  Judge  of  the  appeals 
Supreme  Court  as  may  be  sitting  for  that  purpose,  of  appeals 
which  shall  have  been  taken  from  the  decision  of  the  Registra- 
tion officers  of  his  election  district  and  also  upon  the  hearing 
for  the  correction  of  any  name  or  names  on  his  "Registers"  or 
"Book  of  Registered  Voters"  improperly  omitted  or  improperly 
appearing  or  in  any  manner  incorrect  thereon,  and  to  have  with 
him  the  said  "Registers"  and  "Book  of  Registered  Voters"  and 
to  make  such  entries  in  said  books  respectively  as  said  resident 
Associate  Judge  or  Judge  of  the  Supreme  Court  for  the  purpose 
of  hearing  such  appeals  and  make  such  corrections,  may  order 
and  direct. 


Section  18.     All   the   powers   and   duties   conferred  or   en- Alternate  R 
joined  upon  Registrars  by  any  of  the  provisions  of  this  Act,  are  tin^to 
hereby  expressly  made  the  powers  and  duties  of  all  Alternate  S°r^ 
Registrars  in  the  absence  of  the  Registrar  from  his  election  dis- 
trict, or  his  disability  to  perform  the  duties  imposed  upon  such 
Registrar  by  any  of  the  provisions  of  this  Act;  and  in  order  to 
enable  the  Alternate  Register  to  perfom  the  duties  in  this  Sec- 
tion imposed  upon  him,  it  shall  be  the  duty  of  the  Registrar  to 
deliver  or  cause  to  be  delivered  to  the  Alternate  Registrar,  the  ^e°r°kstoai^  §£ 
Register,  Book  of  Registered  Voters,  and  Book  of  Registration  Hvered   to 
Certificates  in  the  custody  or  possession  of  such  Registrar,  and  all 
notices  of  appeal  which  shall  have  been  served  upon  him,  when- 
ever it  shall  be  the  duty  of  the  Alternate  Registrar  to  act  in  the 
place  and  stead  of  such  Registrar  as  provided  in  this  Section. 


Section  19.  It  'shall  be  the  duty  of  the  Registrar  in 
respective  election  districts  of  this  State,  on  the  morning  of  the  to  inspector 
day  of  the  general  election  and  one  hour  before  the  opening  of 
the  polls  for  said  election,  to  deliver  to  the  inspector,  or  other 
person  authorized  to  hold  said  election  in  his,  the  said  Registrar's 
election  district,  one  of  said  "Registers"  and  one  of  said  "Books 
of  Registered  Voters"  in  his  possession,  certified  to  as  herein- 
before provided.  And  the  other  of  said  "Registers"  together 
with  the  other  of  said  "Books  of  Registered  Voters"  and  the 
book  of  registration  certificates,  containing  unused  certificates, 
together  with  all  other  papers  or  documents  relating  to  the  reg- 
istration of  voters,  he  shall  retain  in  his  possession  and  safely  TO  keep  other 
keep,  but  the  same  shall  at  all  proper  times  be  open  to  the  inspec- books  ^^ 
tion  of  any  one  desiring  to  examine  the  same,  without  fee  or 
reward,  and  also  any  one  desiring  to  do  so  may  be  permitted 
to  make  copies  or  partial  copies  of  any  of  said  lists,  books,  docu- 
ments or  papers. 


26 

£5?verradupii-  ^-     And  within  one  week  after  the  following  general  elec- 

cate  books  to  tion  he  shall  deliver  the  said  duplicates  in  his  possession  to  the 

Peace  Clerk  of  the  Peace  of  the  county  in  which  he  resides,  who  shall 

safely  keep  the  same,  in  his  office,  and  the  same  shall  be  open 

to  public  inspection  at  all  convenient  times  as  other  public  records 

in  the  office  of  said  Clerk  of  the  Peace. 


Section  20.     Each  of  the  Registrars  shall  in  addition  to  the 
other  powers  conferred  upon  him  by  this  Act  have,  during  the 
Registrars        respective  times  of  the  appointed  sittings  for  registration,  the 
powers  o?th     powers  of  a  Justice  of  the  Peace  to  preserve  order  and  enforce 
°f  the  obedience  to  his  lawful  commands  at  or  around  the  place  of  reg- 
istration;   to  keep  access  to  such  place  open  and  unobstructed; 
to  prevent  and  suppress  riots,   tumults,   violence  and  disorder 
at,  around  or  near  the  place  of  registration,  tending  to  intimi- 
dation, or  to  the  obstruction  of  the  work  of  registration  and  to 
protect  and  keep  safe  the  registers  or  books  for  the  registration 
KianceQf  voters,  while  in  his  and  the  Assistant  Registrar's  custody 
of  witnesses      an(j   possession.      He   may   compel   the   presence   of   witnesses 
before  them  while  sitting  with  the  Assistant  Registrars  as  Reg- 
istration officers,  for  all  purposes  connected  with  the  performance 
Oaths  or         °^  ^e  duties  of  their  office,  by  summons  and  attachment,  and 
affirmations      shall  have  power  to  administer  oath  or  affirmation.      He  may, 
while  sitting  as  such  officer  of  registration  commit  for  trial  any 
person  committing  at,   or  around  the   place  of  registration  a 

Commitment      ,  i         /•      1  rr  j*i--iiiJi-A  TT 

of  offenders  breach  of  the  peace,  or  any  offence  forbidden  by  this  Act.  He 
shall  have  the  power  to  issue  any  of  said  summons,  attachments 

TO  whom  or  commitments,  when  sitting  in  any  election  district  in  this 
may  be  State  to  the  Sheriff  of  his  county  or  to  any  Constable  thereof. 
All  such  process  shall  be  served  by  said  officers  in  the  same  man- 
ner  as  if  they  were  issued  by  a  Justice  of  the  Peace  within  such 
county. 


Fees  of  officers         H      The  Sheriff  or  Constable  in  any  county  of  this  State* 

serving   process  ..  1      11  •          ,1  r 

who  shall  serve  any  such  process  shall  receive  the  same  tees  and 

in  like  manner  as  it  is  or  may  be  by  law  provided  that  he  shall 

Registrars   not  receive  fees  in  other  State  <mses.     But  no  Registrar  shall  charge 

to  receive  com-  or  receive  anv  compensation  for  any  service  rendered  in  accord- 

pensation    for  -  .*.  .     ,  .  ..J       .          •,->•,•  ,-, 

this  service       ance  with  the  provisions  of  this  section  in  addition  to  the  compen- 
sation or  salary  provided  for  in  this  Act. 


Compensation  Section  2 1 .     Each   Registrar  shall  receive   five   dollars   per 

Registrar      ^^  £or  eack  ^^  Q£  actu£Q  service>  either  when  sitting  for  the 

purpose  of  registration  or  in  attendance  upon  the  hearing  of 


appeals  before  the  resident  Associate  Judge  of  the  county,  or 
such  Judge  of  the  Supreme  Court  as  may  sit  for  hearing  such 
appeals;  *and  six  per  cent,  as  commission  on  all  sums  he  may 
receive  and  pay  over  to  the  Receiver  of  Taxes  and  CountyTreas- 
urer,  or  County  Treasurer,  as  fees  from  persons  registering  in 
his  election  district. 

II.     And  each  Assistant  Registrar  shall  receive  five  dollars  compensation 
per  day  for  each  day  of.  actual  service,  when  sitting  for  the  pur-  Re 
pose  of  registration. 

Ill  And  each  Alternate  Registrar  shall  receive  five  dollars 
per  day  for  each  day  of  actual  service,  when  sitting  in  the  place  Registrar 
of  the  Registrar  for  Registration,  or  in  attendance  upon  the 
hearing  of  appeals  before  the  resident  Associate  Judge  of  the 
county  or  such  Judge  of  the  Supreme  Court  as  may  sit  for  hear- 
ing such  appeals,  and  six  per  cent,  as  commission  on  all  sums 
he  may  receive  and  pay  over  to  the  registrar  of  his  election  dis- 
trict as  **fees  from  persons  registering  in  his  election  district, 
said  sum  to  be  deducted  from  the  commissions  which  may  be 
allowed  the  registrar. 

IV.  It  sha,U  be  the  dutv  of  the  Levy  Court  in  each  of  the  Ascertainment 

,  .         .        ,1  .      0,  ,     .,      \-  .  .  ,     •        ...       or     amount     of 

counties  in  this  State  at  its  November  session,  to  ascertain  the  compensation 
amount   of   compensation   under   this   Act   due   the   Registrars,  by  ^^  Court 
Alternate  Registrars  and  Assistant  Registrars  in  their  respective 
counties,  and  when  so  ascertained,  the  president  of  the  said  Levy 
Court  shall  certify  the  same  to  the  State   Treasurer,  who  shall 
thereupon  pay  to  the  persons  entitled  the  sums  severally  due  Payment 
them  out  of  any  money  appropriated  for  that  purpose. 

V.  The  cost  of  printing  and  posting  the  alphabetical  lists  P£fc  rentp  sup- 
contained  in  the  Books  of  Registered  Voters  aforesaid,  and  ofpKes.  etc.' 
printing  and  mailing  the  notes  required  by  this  Act,  and  the  rent 

of  the  room  or  rooms  used  by  the  said  registration  officers  in  the 
performance  of  the  duties  required  by  this  Act,  the  cost  of  print- 
ing any  forms  or  blanks  that  may  be  required,  and  the  cost  of 
the  necessary  ink  and  stationery  used  by  them  provided  for  by 
this  Act,  shall  be  paid  by  the  Levy  Court  of  the  respective  coun-  HOW  paid 
ties  upon  proper  vouchers. 

Section  22.  Whoever,  during  the  sitting  of  the  Registra-  Bringing^  tak- 
tion  officers  in  any  election  district  in  this  State,  shall  bring,  send?ngersp1rit- 
take,  order  or  send  into,  or  shall  attempt  to  bring,  take,  or 


into  any  place  of  registration,  anv  distilled  or  spirituous  liquors  same  in  place 

of  registration 

*  Amended.     See  Chapter  64.  Volume  22. 
**  Amended.      See  Chapter  66,  Volume  24 


28 

whatever,  or  shall,  at  any  such  time  or  place,  drink  or  partake 
of  any  such  liquor,  shall  be  deemed  and  held  to  be  guilty  of  a 
misdemeanor,   and  shall  be  punished  by  imprisonment  in  the 
penalty  county  jail  for  not  more  than  ninety  days,  or  by  a  fine  of  not 

more  than  one  hundred  dollars,  or  both. 


Section  23.  If  any  Registrar,  Alternate  Registrar,  or  Assis- 
or  alterations  in  tant  Registrar,  shall  fraudulently  enter  or  fraudulently  permit  to 
registration  be  entered,  n  any  register,  the  name  of  any  person  as  a  registered 
voter,  who  is  not  entitled  to  be  entered  therein  as  a  registered 
voter,  or  if  any  other  person  not  authorized  by  the  proper  regis- 
tration officers  shall  enter  into  any  register  the  name  of  any 
person  as  a  registered  voter,  or  if  any  Registrar,  Alternate  Reg- 
istrar, or  Assistant  Registrar  shall  fraudulently  refuse  or  omit 
to  register,  or  shall  fraudulently  misspell  in  any  register  or  in 
any  book  of  registered  voters  in  his  charge,  the  name  of  any 
person  entitled  under  the  provisions  of  this  Act  to  have  his  name 
entered  in  such  register  or  book  of  registered  voters,  or  if  any 
Registrar,  Alternate  Registrar,  or  Assistant  Registrar,  shall 
fraudulently  strike  from  any  register  or  from  either  of  said  books 
of  registered  voters  in  his  charge  the  name  of  any  person  entered 
therein;  or  if  any  other  person  not  authorized  by  the  proper 
registration  officers  shall  strike  from  any  register  or  from  any 
book  of  registered  voters  the  name  of  any  person  entered  therein; 
or  if  any  Registrar,  Alternate  Registrar  or  Assistant  Registrar, 
shall  make  any  entry  or  entries  in  the  said  register,  or  books  of 
registered  voters,  except  at  the  time  and  in  the  manner  herein- 
before provided,  or  if  any  Registrar,  Alternate  Registrar  or 
Assistant  Registrar,  shall  do  anything  which  is  by  this  Act  for- 
bidden by  him  done,  or  shall  omit  to  do  anything  which  is  by 
this  Act  required  to  be  by  him  done,  he  shall  be  deemed  guilty 
of  a  misdemeanor,  and  upon  conviction  thereof  by  indictment, 
shall  be  fined  not  exceeding  five  hundred  dollars,  or  be  impris- 
penaity  oned  not  exceeding  three  years,  or  may  be  both  fined  and 

imprisoned  at  the  discretion  of  the  Court. 

Person  causing         Section  24.     If  any  person  shall  cause  or  attempt  to  cause 

himself    to     be     .  .  *-..,«  /•  1  1  •     • 

wrongfully  himself  to  be  registered  in  the  name  of  any  other  person  Jiving 
or  dead,  or  under  any  fictitious  name,  or  shall  cause  or  attempt 
to  cause  himself  to  be  registered  in  any  election  district  in  this 
State,  knowing  that  he  has  not  the  right  to  be  registered;  or  if 
any  person,  knowing  himself  to  be  registered  in  any  election 
district  in  this  State  shall  cause  or  attempt  to  cause  himself  to 
be  registered  in  any  other  election  district  in  this  State  without 
having  first  caused  his  name  to  be  stricken  from  Register  and 
Books  of  Registered  Voters  in  which  he  may  have  been  previ- 
ously entered;  or  if  any  person,  knowing  himself  to  be  cUsquali- 


29 

fied  as  a  voter  at  the  next  following  general  election  shall  cause 

or  attempt  to  cause  himself  to  be  entered  on  the  Registers 

any  election  district  in  this  State  as  a  Registered  voter  therein,  interfere  with' 

knowing  that  he  is  not  at  that  time  a  qualified  voter  and  wiflSSSJ*** 

not  become  so  by  the  next  following  general  election;   or  if  any 

person  shall  by  force,  threat,  menace,  intimidation,  bribery  or 

any  unlawful  means,  prevent  or  hinder,  or  attempt  to  prevent 

or  hinder  any  person  having  a  lawful  right  to  have  his  name 

entered  on  the  registers  in  any  election  district  in  this  State 

from  duly  exercising  such  rights,  or  shall  compel  or  attempt 

to  compel  by  any  such  means,  any  Registrar,  Alternate  Regis- 

trar, or  Assistant  Registrar,  to  enter  on  their  register  the  name  of 

any  person  not  legally  entitled  to  be  entered  therein,  or  to  refrain 

from  entering  on  their  registers  the  name  of  any  person  legally 

entitled  to  be  entered  thereon,  or  shall  lawfully  interfere  with 

any  Registrar,   Alternate  Registrar,   or  Assistant  Registrar,   in 

the  discharge  of  his  duties  under  this  Act  ;  or  if  any  person  shall 

make  any  assault  or  commit  any  assault  and  battery,  or  incite  peace 

or  create  any  riot  or  breach  of  the  peace  at  or  near  to  any  place 

of  registration  in  this  State,  during  the  sitting  of  any  registra- 

tion officers,  he  shall  be  deemed  guilty  of  a  misdemeanor,  and 

upon  conviction  thereof  by  indictment  shall  be  fined  not  exceed- 

ing five  hundred  dollars,  or  be  imprisoned  not  exceeding  three  Penalty 

years,  or  may  be  both  fined  and  imprisoned  at  the  discretion  of 

the  Court. 


Section  25.     If  any  Registrar,  Alternante  Registrar  or  Assis- 
tant  Registrar,  Inspector  or  Judge  of  election  shall  lose  any  reg-  officers 
ister  or  book  of  registered  voters  which  may  be  in  his  charge  or 
custody,  or  if  any  of  such  officers  or  any  other  person  shall  wil- 
fully destroy,  mutilate,  deface,  falsify  or  fraudulently  remove  or  Destruction, 
secrete    any    register    or    book    of    registered  voters,  or    shall  mutilation,  etc. 
knowingly  make  any  false  entry  in  or  false  copy  of  any  register 
or  part  of  any  register,  or  fraudulently  make  any  entry,  erasure  False 
or  alteration  in  any  alphabetical  list  of  registered  voters,  as  con-  entries-  etc- 
tained  in  any  book  of  registered  voters,   he  shall  be  deemed 
guilty  of  a  misdemeanor,  and  upon  conviction  thereof  by  indict- 
ment shall  be  fined  not  exceeding  five  hundred  dollars  or  be 
imprisoned  not  exceeding  three  years,  or  may  be  both  fined  and  Penalty- 
imprisoned  at  the  discretion  of  the  Court. 


Section  26.     If  any  person  shall  mutilate,  deface,  pull 
or  destroy  at  any  time  before  the  last  sitting  of  the  Registra-  pulling  down 
tion  officers  any  printed  copy  of  the  alphabetical  list  of  registered 
voters,  when  the  said  lists  are  hung  up  as  provided  in  Section  lists 
9  he  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  convic- 
tion thereof  by  indictment   shall   be   fined   not   exceeding  one  Penalty 


30 

hundred  dollars  or  be  imprisoned  not  exceeding  one  year,  or  may 
be  both  fined  and  imprisoned  at  the  discretion  of  the  Court. 

Additional  reg-  Section  27.  In  any  case  of  a  special  election  held  in  this 
'stration  for  State  it  shall  be  the  duty  of  the  Registration  officers  of  the  respec- 
tive election  districts  in  this  State,  hereinbefore  provided  for, 
to  sit  on  the  third  and  fourth  Saturdays  immediately  preceding 
the  day  of  such  special  election,  from  8  o'clock  A.  M.  until  7 
P.  M.,  with  an  intermission  from  12  to  1,  at  the  place  where  the 
following  special  election  will  be  held,  or  at  some  convenient 
and  suitable  place  in  the  town  or  village  in  which  such  election 
will  be  held,  and  at  such  sittings  to  add  to  the  registers  and  book 
of  registered  voters  aforesaid  of  their  respective  election  districts 
the  name  of  all  persons  applying  to  them  who  may  have  become 
qualified  to  vote  since  the  day  of  the  last  general  election,  or 
who  may  become  qualified  to  vote  by  the  day  of  such  special 
election. 

entries*0  make  H-  And  it  shall  be  the  duties  of  such  Registration  officers 
in  adding  any  new  names  to  make  the  same  entries  in  the  regis- 
ters and  books  of  registered  voters  aforesaid,  as  they  are  herein- 
before required  to  make  when  sitting  as  Registration  officers 
before  any  general  election. 


-         H-^     The  sa^  Registration  officers,  within  one  week  before 
cure  books       their  first  sitting  as  provided  for  in  this  section,  shall  procure 
fth°empc2rk  °ffrom  the  Clerks  of  the  Peace  of  their  respective  counties  the  two 
registers,  and  the  two  books  of  registered  voters  and  the  books 
of  registration  certificates  which  shall  have  been  delivered  to 
the  Clerks  of  the  Peace  as  hereinbefore  provided. 

Supeac°ef  t?erk         IV"     Jt  s.hal1  be  th.e  duty  of  the  Clerks  of  the  Peace  in  the 
deliver  booics   several  counties  to  deliver  said  books  to  the  said  Registration 
officers  when  the  same  shall  be  applied  for  as  aforesaid. 

boo£!retc°!  by  V.  In  delivering  one  of  the  "Registers"  and  one  of  the 
"Books  of  Registered  Voters"  and  the  book  of  registration  cer- 
tificates to  the  inspector  or  other  person  authorized  by  law  to 
hold  the  special  election  in  his  election  district,  as  hereinbefore 
provided,  it  shall  be  the  duty  of  the  said  Registrar  to  deliver  the 
register  and  the  book  of  registered  voters,  which  was  not  used 
at  the  previous  general  election  and  the  other  of  said  registers 
and  the  other  of  said  book  of  registered  voters  shall  be  delivered 
by  the  several  Registrars  to  the  Clerks  of  the  Peace  of  their  respec- 
tive counties  within  one  week  after  such  special  election. 

Section  28.     All  Acts   and  parts  of  Acts   supplied  by   or 
inconsistent  with  this  Act  are  hereby  repealed. 

Approved  May  27,  A.  D.,  1898. 


CHAPTER  37,  VOLUME  21. 

AN  ACT  to  Facilitate  the  Registering  as  Qualified  Voters  the  Citizens  of 
Delaware  Engaged  in  the  Performance  of  Military  or  Naval  Duty. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the 
State  of  Delaware  in  General  Assembly  met: 

Section  1  .     That  every  person  enlisted  or  engaged  in  any  Domicile  of 
military  or  naval  organization  of  this  State  or  the  United  States  ^JJnso 
and  who  prior  to  enlistment  was  a  resident  of  any  hundred  or  n°*  lost 
election  district  of  this  State,  shall  not  lose  his  domicile  in  such 
hundred  or  election  district  by  reason  of  such  enlistment. 

Section  2  .     That  every  male  citizen  of  this  State  of  the  age  Registration  of 
of  twenty-one  years  and  upwards,  and  who  is  or  shall  hereafter  ^™™  Xavtih~ 
be  enlisted  or  engaged  in  any  military  or  naval  organization  of  service 
this  State  or  the  United  States  shall  be  entitled  to  have  his  name 
registered  as  a  voter  in  the  hundred  or  election  district  in  which 
he  resided,  prior  to  his  enlistment,  in  the  same  right  as  he  would 
have  done  had  he  remained  continuously  present  in  such  hundred 
or  election  district  during  the  period  of  his  enlistment. 

Section  3.     That  the  Governor  of  this  State  shall  designate  Appointment  of 
and  appoint  at  the  same  time  of  appointing  other  registration  istr^ 
officers  of  this  State,  some  qualified  citizen  of  the  State  as  Aux- 
iliary Registrar  of  Voters,  who  shall  qualify  and  bond  as  other  Qualifying  of 
registrars  are  required  to  do,  and  whose  duty  it  shall  be  to  visit,  Duty  of 
sometime  before  the  last  Saturday  in  September  in  any  year  in 
which  a  general  election  is  held,  the  military  or  naval  encamp- 
ment of  this  State,  or  the  United  States  wherein  the  citizens  of 
this  State  shall  be  enlisted  or  engaged  in  the  discharge  of  military 
duty,  for  the  purpose  of  registering,  as  hereinafter  provided  for, 
such  citizens  as  voters  of  the  hundred  or  election  district  in  which 
they  are  entitled  to  be  registered  as  designated  in  Section  2  of 
this  Act. 


Section  4.     Upon  application  being  made  to  be  registered  for 

as  a  voter  of  any  hundred  or  election  district  of  this  State,  by 
any  officer  or  enlisted  man,  of  any  military  organization  before 
any  Auxiliary  Registrar  of  Voters  as  provided  for  in  the  foregoing 
Section  of  this  Act,  such  application  shall  be  deemed  and  taken  What  deemed 
to  be  a  personal  application  within  the  meaning  of  paragraph  3, 
Section  4,  of  Article  V  of  the  Amended  Constitution. 


32 

of°  visiting  time         Section  5.     That   the  Auxiliary   Registrar   herein  provided 

camps  for,  shall  notify  the  encampment  or  encampments  of  the  time  he 

will  visit  them  for  the  purpose  of  registering  voters,  that  he  shall 

sit  for  registering  during  such  hours  of  the  day  as  shall  be  arranged 

to  suit  the  convenience  of  such  military  organization. 

rants  andaquai-  Section  6.  The  Auxiliary  Registrar  shall  make  and  keep  a 
to  be  complete  list  of  the  names  of  all  those  applying  to  him  to  be 
registered,  together  with  their  qualifications  as  to  age,  color, 
birth,  nativity,  etc.,  in  the  same  manner  and  detail  as  is  required 

HOW  kept  *°  ke  done  by  on  the  books  of  registration  kept  by  the  Registrars 
sitting  in  the  various  hundreds  or  election  districts  of  this  State. 

Separate  lists  *Section  7.     The  Auxiliary  Registrar  shall  make  a  separate 

for  Districts     an(j  distinct  list  for  each  hundred  or  election  district  of  this  State 

of  all  those  applying  to  him  to  be  registered  in  such  hundred  or 

election  district.     He  shall  also  receive  the  constitutional  fee  of 

Registration     one  dollar  from  all  those  so  applying  to  him,  before  he  shall  enter 

their  names. 

Return  of  Aux- 

iliary Registrar         Section  8.     Immediately  upon  the  completion  ot  these  lists 
'*  t(>of  registration  and  not  later  than  the  third  Saturday  next  pre- 


officers  ceding  the  day  of  the  next  general  election,  the  Auxiliary*  Reg- 

istrar shall  make  and  certify  under  oath,  and  forward  by  regis- 
tered mail  or  personal  delivery,  to  the  Registrars  of  the  various 
hundreds  or  election  districts  of  this  State,  the  names  and  quali- 
fications as  recorded  by  him  of  all  those  who  applied  to  him  to 

Registration  be  registered  in  such  hundreds  .  or  election  districts  ;  together 
with  the  *constitutional  fee  for  registration  received  by  him 
from  them. 

Opening    lists 

bydRegfstSrIfion         Section  9.     The  Registrars  of  and  for  the  respective  hun- 

officers  dreds  or  election  districts  of  this  State,  who  shall  receive  any 

such  list  from  any  Auxiliary  Registrar  as  herein  provided  for, 

shall  open  such  list  of  voters  during  the  first  hour  of  the  next 

succeeding  meeting  of  the  officers  of  registration  for  the  purpose 

of  registering.      Then  and  there  the  Registrar  shall  in  a  clear 

and  distinct  voice,  audible  to  those  in  the  room  and  as  well  to 

who  to  be       those  about  the  window,  where  voters  are  gathered  for  the  pur- 

Registered        pOse  of  Demg  registered,  read  the  name  of  each  voter  so  returned 

by  the  Auxiliary  Registrar  for  registration.     Every  name  shall 

•     be  entered  upon  the  books  of  registration  kept  in  and  for  such 

hundred  or  election  district,  if  it  is  found  that  the.  person  repre- 

sented by  such  name  would  have  been  qualified  to  have  appeared 

*  Amended.     See  Chapter  66,  Volume  24. 


33 

there  in  person  and  been  registered.     But  any  member  of   the 
board  of  Registration  or  any  qualified  voter  of  the  election  dist- 
trict  may  challenge  the  registering  of  the  names  upon  the  book  Challenge 
of  registration,  for  the  hundred  or  election  district;  and  the  ques- 
tion of  the  right  to  register  such  name  shall  be  determined  by 
the  registration  officers  just  as  they  are  authorized  to   deter- 
mine like   questions  concerning  those  who   present   themselves 
before  them  there  in  the  election  district.      The  Registrar  shall  Registrar  to 
keep  complete  and  inviolate  the  list  of  names  and  qualifications  eep  1 
just  as  he  received  them  from  the  Auxiliary  Registrar,  but  such 
list  shall  always  be  subject  to  the  inspection  of  the  qualified 
voters  of  the  election  district,  provided  it  shall  not  be  taken  from 
the  possession  of  the  Registrar. 

The  Registrar  of  the  election  district  shall  also  make  and  J^t^d 
keep  for  the  inspection  of  the  voters  of  his  election  district  a  list  inspection 
of  all  those  names  which  he  has  received  from  the  Auxiliary  Reg- 
istrar, and  which  have  been  granted  registration  on  the  books 
of  that  hundred  or  election  district,  and  he  shall  also  keep  another 
separate  list  of  all  the  names  so  received  by  him  which  have  been 
denied  registration  upon  said  books,  and  those  lists  shall  in  HkeListnot 
manner  be  at  all  t  mes  subject  to  the  inspection  of  the  qualified  registered 
voters  of  that  hundred  or  election  district.     And  from  the  action 
of  the  Registration  officers  in  so  granting  or  refusing  registra- 
tion to  any  name  received  from  the  Auxiliary  Registrar,  any 
Registration  officer  or  interested  person  may  appeal  as  pro- 
vided for  in  Section  4  of  Article  V  of  the  amended  Constitution.  Appeals 

*Section  10     All  registration  fees  received  by  the  Registra-  Registration 
tion  officer  of  any  district  from  the  Auxiliary  Registrar  shall  be  e< 
held  by  him  and  delivered  with  other  fees  for  the  benefit  of  his 
county,  whether  the  name  of  the  party  having  paid  the  fee  shall 
have  been  registered  or  not. 

Section  11.     The  Auxiliary  Registration  officer  provided  for  Compensation 
by  this  Act  shall  receive  such  compensation  per  day  as  is  allowed  Re££trarry 
to  Registrars  sitting  in  the  various  districts  of  this  State,  and 
he  shall  be  allowed  and  paid  by  the  State  Treasurer  such  an  HOW  paid 
amount  for  travelling  expenses  as  shall  be  approved  by  the  State 
Auditor  upon  vouchers  presented  him. 

Approved  June  25,  A.  D.,  1898. 


*  Amended.     See  Chapter  66,  Volume  24. 


34 


CHAPTER  64,  VOLUME  22. 

AN  ACT  in  Relation  to  Registration  Books  which  it  is  the  Duty  of  the  Gov- 
ernor to  cause  to  be  Prepared  for  the  use  of  the  Registration  Officers  in 
each  Election  District  in  the  State  including  those  in  the  City  of  Wilming- 
ton and  certain  entries  thereon. 

Be  it  enacted  by  the  Sena'.e  and  House  of  Representatives  of  the 
State  of  Delaware  in  General  Assembly  met. 

Registration  ^         Section  1.     That  hereafter  it  shall  not  be  necessary  to  enter 
contain  Toi-  °  the  color  of  the  person  applying  to  be  registered  on  the  books 
asm?osfc°oiofries  known  as  Registers  which  is  the  duty  under  the  laws  of  this 
State  of  the  Governor  to  cause  to  be  prepared  for  the  use  of  the 
Registration  officers  in  each  Election  District  in  this  State,  includ- 
ing those  in  the  City  of  Wilmington  for  the  Registration  of  voters, 
and  that  hereafter  such  Registers  shall  not  contain  columns  for 
entries  as  to  color. 

Specific  age  Section  2.     That  after  this  Act  becomes  a  law,  it  shall  not 

De  lawful  to  enter  the  age  of  any  one  applying  to  be  registered  on 
the  books  aforesaid'  in  the  column  headed  "age",  but  it  shall  be 
sufficient  to  enter  that  the  applicant  is  "Twenty-one  and  upwards." 

Section  3.     That  all  Acts  or  parts  of  Acts  inconsistent  here- 
with be  and  the  same  are  hereby  repealed. 

Approved  March  14,  A.  D.,  1901. 


CHAPTER  56.  VOLUME  23. 

AN  ACT  amending  Section  16  of  Chapter  36  of  Volume  21  of  the  Laws  of 
Delaware  relating  to  Appeals  from  the  Decisions  of  the  Registrars. 

Be  it  enacted  by  the  Senate  arid  House   of  Representatives   of 
the  State  of  Delaware  in  General  Asser,ibly  r.iei: 

lion  1.  That  Section  16  of  Chapter  36  of  Volume  21 
of  the  Laws  of  Delaware  is  hereby  amended  by  striking  out  the 
words  "Thursday  next  following  the  third  Saturday  of  August "  ^eentd0edtim^ 
in  the  fourteenth  line  of  said  Section,  and  insert  ing  in  lieu  thereof  holding  appeals 
the  words  "the  first  Tuesday  in  September";  and  by  striking " 
out  the  words  ' '  the  Tuesday  next  following ' '  in  the  twenty-third 
and  twenty-fourth  lines  of  said  Section,  and  inserting  in  lieu 
thereof  the  words  "the  first  Monday  after  the  fourth  Saturday 
in  September";  and  by  striking  out  the  wrords  "the  previous 
week"  in  the  twenty-fifth  and  twenty-sixth  lines  of  said  Section; 
and  by  stirking  out  all  between  the  word  "provided"  in  the  forty- 
ninth  line  of  said  Section  and  the  w^ord  "unless"  in  the  fifty- 
fourth  line  of  said  Section,  and  inserting  in  lieu  thereof  the  words 
"that  appeals  from  the  decisions  of  the  registration  officers  made 
on  the  first,  second,  third  or  fourth  registration  day  shall  not 
be  received  on  the  third  or  fourth  appeal  day." 

.  Approved  March  20,  A.  D.,  1905. 


36 


CHAPTER  66,  VOLUME  24. 

AN  ACT  Striking  Out  of  the  Statutes  of  the  State  of  Delaware  all  Provi- 
sions in  Relation  to  the  Payment  of  a  Registration  Fee  as  a  Qualification 
to  Vote. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the 
State  of  Delaware  in  General  Assembly  met: 

fbeoiSir?dionfee  Section  1.  That  all  provisions  in  the  Statutes  of  the  State 
of  Delaware  in  relation  to  the  payment  of  a  registration  fee  as 
a  qualification  to  vote  be  and  the  same  are  hereby  stricken  out, 
repealed  and  made  null  and  void. 

Section  2.     That  all  Acts  and  parts  of  Acts  inconsistent 
with  this  Act  are  hereby  repealed. 

Approved  March  4,  A.  D.,  1907. 


37 


CHAPTER  44,  VOLUME  26. 

AN  ACT  to  amend  Chapter  35  of  Volume  21,  Laws  of  Delaware,  being  an 
Act  entitled  "  An  Act  concerning  the  appointment  of  Registration  Offi- 
cers and  the  preparation  and  delivery  of  Registration  Books." 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the 
State  of  Delaware  in  General  Assembly  met  : 

Section  1.     That  Chapter  35,  Volume  21,  Laws  of  Delaware  Chap. 
be  and  the  same  is  hereby  amended  by  striking  out  of  said  Act 
all  of  Section  4  thereof  and  by  inserting  in  lieu  thereof  a  new 
section  to  be  known  as  Section  4  of  said  Act  which  shall  read  as 
follows,  viz.  : 

''Section  4.     The   Sheriff   of   each   County   shall  sometime  sheriff 
previous  to  the  first  Saturday  in  the  month  of  Julv,  in  the  yearJion  Books 
of  holding  the  General  Election,  deliver  to  the  Registrar  of  each  § 
election  district  of  his  County,  two  of  the  books  known  as  "Reg-  July 
isters",  two  of  the  books  known  as  "  Books  of  Registered  Voters," 
and  a  book  of  Registration  Certificates  hereinbefore  provided 
for;    provided  however,  that  the  Sheriff  of  New  Castle  County 
shall  not  deliver  said  books  for  the  several  election  districts  inshaii  not 
the  City  of  Wilmington  to  the  Registrars  of  each  election  district  fnelitvheer  b^s  of 
in  said  City,  but  the  Governor  shall,  previous  to  the  first  Saturday  Wilmington 
in  July  of  even7  General  Election,  deliver  to  the  Department  Governor  shall 
of  Elections  for  the  City  of  Wilmington  two  of  the  books  known  g^S^t  *e 
as  "Registers",  two  of  the  books  known  as  "Books  of  Regis-  Elections 
tered  Voters",  and  a  book  of  Registration  Certificates  herein- 
before provided  for;    and  provided  further,  however,  that  the  Department  of 
Department   of   Elections   for   the   City   of  Wilmington,    shall,  SfwSXbelSS 
within  one  week  before  the  first  day  of  registration  of  voters  registration  day 
in  the  year  of  every  General  Election  deliver  to  the  Registrar  s          t 
of  each  Election  district  in  the  City  of  Wilmington  two  of  thetr 
books  known  as  "Registers",  two  of  the  books  known  as  "Books 
of  Registered  Voters"  and  a  book  of  Registration  Certificates 
hereinbefore  provided  for;    all  of  which  said  books  addressed 
to  the  Registrar  of  each  election  district  of  the  County,  the  Gov-  books  to  be 
ernor  shall  cause  to  be  delivered  to  the  Sheriff  in  each  of  the  sheriff  and 


Counties  of  this  State  and  to  the  Department  of  Elections  for 

the  City  of  Wilmington,  respectively,  on  or  before  the  first  Tues-  fore   the   first 

day  in  July  in  the  year  of  holding  the  General  Election." 

Section  2.     All  Acts  and  parts  of  Acts  inconsistent  with  the 
provisions  of  this  Act  are  hereby  repealed. 

Approved  March  20.  A.  D.,  1911. 


38 


Chap.  36, 
Vol.  21, 
further 
amended 


Third  .Sat- 
urday in 
July,  etc. 


CHAPTER  46,  VOLUME  26. 

AN  ACT  to  further  Amend  Chapter  36  Volume  21  Laws  of  Delaware  enti- 
tled "  An  Act  providing  for  a  uniform  system  of  Registration  of  all  the 
Qualified  Voters  in  this  State." 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the 
State  of  Delaware  in  General  Assembly  met: 

Section  1.  That  Chapter  36,  Volume  21,  Laws  of  Delaware 
be  and  the  same  is  hereby  further  amended  by  striking  out  of 
lines  eleven,  twelve  and  thirteen  of  Section  2  of  said  Act,  the 
following  words,  viz.:  "three  successive  Saturdays  in  August 
beginning  with  the  first  Saturday  in  August,"  and  by  inserting 
in  lieu  of  said  words  so  stricken  out,  the  following  words,  viz.: 
"the  third  Saturday  in  July  and  the  first  and  second  Saturdays 
in  August." 

Section  2.  That  all  Acts  and  parts  of  Acts  inconsistent 
with  the  provisions  of  this  Act  are  hereby  repealed. 

Approved  March  20,  A.  D.,  1911. 


CHAPTER  47,  VOLUME  26. 

AN  ACT  to  further  amend  Chapter  36,  Volume  21,  Laws  of  Delaware,  enti- 
tled "  An  Act  providing  for  a  uniform  System  of  Registration  of  all  Quali- 
fied Voters  in  this  State." 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of 
the  State  of  Delaware  in  General  Assembly  met: 

Section  1.     That  Chapter  36,  Volume  21,  Laws  of  Delaware,  chapter  35, 
entitled  "An  Act  providing  for  a  uniform  system  of  registra-™"^21- 
tion  of  all  qualified  voters  in  this  State,"  be  hereby  amended 
by  the  striking  out  of  Section  6  of  said  Act,  all  of  Paragraph  II 
of  said  Section  6,  which  said  paragraph  provides  for  the  giving 
of  a  registration  certificate  to  registered  voters  who  may  request 
such  certificate. 


Section  2.     That  hereafter  the  book  of  blanks  known         ep 
"  Registratiom   Certificates"    shall    no   longer   be   prepared  and  and  delivered 
delivered  for  the  registration  of  voters  in  this  State. 

Section  3.     That  all  Acts  or  parts  of  Acts  in  so  far  as  they  are 
inconsistent  herewith  be  hereby  repealed. 

Approved,  April  19,  A.  D.,  1911. 


40 


CHAPTER  38,  VOLUME  21. 
AN  ACT  in  Regard  to  General  Election. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of 
the  State  of  Delaware  in  General  Assembly  met: 

^  Section  1.     The   general   election   in   and   for   the   several 

he°d  ^  counties  of  this  State,  on  the  Tuesday  next  after  the  first  Mon- 

day of  November,  shall  be  held  in  the  respective  election  dis- 
tricts of  the  Representative  districts  of  said  counties,  at  the 
places  hereinafter  appointed  for  that  purpose,  that  is  to  say  : 

FOR  THE   CITY   OF  WILMINGTON. 

°f         T.he  Department  of  Elections  for  the  City  of  Wilmington, 
?nsigniacees  I?"  estaDnsne<^  ^y  virtue  of  an  Act  of  the  General  Assembly,  enti- 
wfimingteonin   tied  "An  Act  creating  a  Department  of  Elections  for  the  City 
of  Wilmington,  approved  May  20th,  A.  D.   1898,  shall  at  the 
time  of  dividing  the  said  city  into  election  districts  and  estab- 
lishing the  boundaries  thereof,  designate  some  suitable  and  proper 
place  in  each  election  district  for  holding  the  elections  therein, 
and  all  persons  entitled  to  vote  in  the  said  several  respective 
who  to  vote     election  districts  thus  established,  shall  vote  at  the  place  desig- 
nated and  appointed  by  the  said  Department  of  Elections,  for 
holding  elections  in  the  said  several  respective  election  districts. 

FOR  NEW  CAvSTLE  COUNTY'  OUTSIDE  OF  THE    CITY 
OF  WILMINGTON. 

pSst^&ctio'if'  The  First  Electi°n  District  of  the  Sixth  Representative 
District60  District  shall  embrace  all  that  portion  of  Brandywine  Hundred 

heretofore  known  as  the  Eastern  Election  District  of  Brandy- 
who  to  vote  in  wine  Hundred,  and  all  persons  entitled  to  vote  in  said  First 

Election  District,  shall  vote  at  the  place  heretofore  designated 

by  law  for  holding  elections  in  said  Eastern  Election  District  of 

Brandywine  Hundred. 


Ddistri?ttion  T**6  Second  Election.  District  of  the  Sixth  Representative 

District  shall  embrace  all  that  portion  of  Brandywine  Hundred 
Whotovotein  heretofore  known  as  the  Northern  Election  District  of  Brandy  - 
plact  wine  Hundred,  and  all  persons  entitled  to  vote  in  said  Second 

vot?ng°  Election  District  shall  vote  at  the    place  heretofore  designated 


41 

by  law  for  holding  elections  in  said  Northern  Election  District 
of  Brandywine  Hundred. 

The  Third  Election  District  of  the  Sixth  Representative 
District  shall  embrace  all  that  portion  of  Brandywine  Hundred 
heretofore  known  as  the  Southern  Election  District  of  Brandy- 
wine  Hundred,  and  all  persons  entitled  to  vote  in  said  Third  who  to  vote  in 
Election  District,  shall  vote  at  the  place  heretofore  designated  place  of  votjn 
by  law  for  holding  elections  in  said  Southern  Election  District 
of  Brandywine  Hundred. 

The  First  Election  District  of  the  Seventh  Representative 
District  shall  embrace  all  that  portion  of  Christiana  Hundred 
heretofore  known  as  the  Newport  Southern  Election  District  of 
Christiana  Hundred,   and  all  persons  entitled  to  vote  in  said  Who  to  vote  in 
First  Election  District,  shall  vote  at  the  place  heretofore  desig-  pjace  ' 

nated  by  law  for  holding  elections  in  said  Newport  Southern 
Election  District  of  Christiana  Hundred. 


The  Second  Election  District  of  the  Seventh  Representative 
District  shall  embrace  all  that  portion  of  Christiana  Hundred 
heretofore  known  as  the  Marshallton  Southern  Election  District  who  to  vote  in 
of  Christiana  Hundred,  and  all  persons  entitled  to  vote  in  said 
Second  Election  District  shall  vote  at  the  place  heretofore  desig- 
nated by  law  for  holding  elections  in  said  Marshallton  Southern  Place  of  voting 
Election  District  of  Christiana  Hundred. 

The  Third  Election  District  of  the  Seventh  Representative  3d  Election 
District  shall  embrace  all  that  portion  of  Christiana  Hundred 
heretofore  known  as  the  Northern  Election  District  of  Christiana  who  to  vote  in 
Hundred,  and  all  persons  entitled  to  vote  in  said  Third  Election 
District,  shall  vote  at  the  place  heretofore  designated  by  law 
for  holding  elections  in  said  Northern  Election  District  of  Chris-  Place  of  votins 
tiana  Hundred. 

The  Fourth  Election  District  of  the  Seventh  Representative  4th  Election 
District  shall  embrace  all  that  portion  of  Christiana  Hundred  D 
as  is  now  provided  by  law  as  the  Western  Election  District  of 
Christiana  Hundred,   and  all  persons  entitled  to  vote  in  said  Who  to  vote  in 
Fourth  Election  District  shall  vote  at  the  place  heretofore  desig- 
nated by  law  for  holding  elections  in  said  Western  Election  piace  of  voting 
District  of  Christiana  Hundred. 

The  Fifth  Election  District  of  the  Seventh  Representative  sth  Election 
District  shall  embrace  all  that  portion  of  Christiana  Hundred  Dlstnct 
lying  within  the  following  boundaries:    that  commencing  in  the 
middle  of  public  road  at  the  Barley  Mill,  formerly  operated  by 
Pyle  &  Mclntyre,  running  along  the  middle  of  the  said  road  in  Boundaries 


42 

a  westerly  direction  past  the  St.  Joseph's  Catholic  Church  and 
across  the  Kennett  Turnpike:  thence  continuing  along  the  said 
road  by  its  various  courses  to  the  eastern  bank  of  Red  Clay 
Creek;  thence  along  the  said  creek  in  a  southerly  direction  by 
its  several  courses  to  the  middle  of  the  Lancaster  Turnpike; 
thence  along  the  middle  of  the  said  Turnpike  in  an  easterly 
direction  to  t  he  western  boundary  line  to  the  City  of  Wilmington  ; 
thence  following  the  said  boundary  line  by  its  several  courses  in 
a  northern  direction  to  the  south  bank  of  the  Brandywine  ;  thence 
along  the  said  Brandywine  by  its  several  courses  in  a  westerly 
direction  to  the  place  of  beginning,  the  Barley  Mill.  Being  the 
East  Election  District  of  Christiana  Hundred  as  formed  by  an 
Act  of  the  General  Assembly  passed  at  Dover,  March  19th, 
n  1897,  and  all  persons  entitled  to  vote  in  said  Fifth  Election  Dis- 
trict shall  vote  at  the  public  house  of  Thomas  J.  Lawless  known 
place  of  voting  as  Mt.  Pleasant  Hotel  in  said  East  Election  District  of  the  Sev- 
enth Representative  District. 

istEkecPtio°ist'  The  First  Election  District  of  the  Eighth  Representative 
District  10  District  shall  embrace  all  that  portion  of  Mill  Creek  Hundred 

heretofore  known  as  the  Mill  Creek  Eastern  Election  District, 
who  to  vote  in  and  all  persons  entitled  to  vote  in  said  First  Election  District 

shall  vote  at  the  place  heretofore  designated  by  law  for  holding 
Place  of  voting  elections  in  said  Mill  Creek  Eastern  Election  District. 

Dis?rfccttion  The  Second  Election  District  of  the  Eighth  Representative 

District  shall  embrace  all  that  portion  of  Mill  Creek  Hundred, 

heretofore  known  as  Mill  Creek  Northern  Election  District,  and 

who  to  vote  in  all  persons  entitled  to  vote  in  said  Second  Election  District,  shall 

Place  of  voting  vote  at  the  place  heretofore  designated  by  law  for  holding  elec- 

tions in  said  Mill  Creek  Northern  Election  District. 


District^011  T^e  Th^d  Election  District  of  the  Eighth  Representative 

District  shall  embrace  all  that  portion  of  Mill  Creek  Hundred, 
heretofore  known  as  Mill  Creek  Western  Election  District,  and 

who  to  vote  in  all  persons  entitled  to  vote  in  said  Third  Election  District  shall 
vote  at  the  place  heretofore  designated  by  law  for  holding  elections 

place  of  voting  in  said  Mill  Creek  Western  Election  District  . 


son  First  Election  District  of  the  Ninth  Representative 

District  1C  District  shall  embrace  all  that  portion  of  White  Clay  Creek 

Hundred  heretofore  known'  as  the  White  Clay  Creek  West  Elec- 
who  to  vote  in  ^jon  District,  and  all  persons  entitled  to  vote  in  said  First  Elec- 

tion District,  shall  vote  at  the  place  heretofore  designated  by 
place  of  voting  law  for  holding  elections  in  said  White  Clay  Creek  West  Election 

District. 


43 

The  Second  Election  District  of  the  Ninth  Representative 
District  shall   embrace  all  that  portion  of  White  Clay  Creek 
Hundred  heretofore  known  as  the  White  Clay  Creek   Central 
Election  District,  and  all  persons  entitled  to  vote  in  said  Second  Who  to  votein 
Election  District  shall  vote  at  the  place  heretofore  designated 
by  law  for  holding  elections  in  said  White  Clay  Creek  Central  Piace  of  voting 
Election  District. 

The  'Third  Election  District  of  the  Ninth  Representative  3d  Election 
District   shall  embrace  all  that  portion  of  White  Clay   Creek 
Hundred  heretofore  known  as  the  WThite  Clay  Creek  East  Elec-  Who  to  vote  in 
tion  District,  and  all  persons  entitled  to  vote  in  said  Third  Elec- 
tion District  shall  vote  at  the  place  heretofore  designated  by  law  piace  of  voting 
for  holding  elections  in  said  White  Clay  Creek  East  Election 
District, 

The  First   Election  District   of  the  Tenth  Representative  ioth  Rep.  Dist. 
District  shall  embrace  all  that  portion  of  New  Castle  Hundred  ufaSSf* 
heretofore  known  as  the  Eastern  Election  District  of  New  Castle 
Hundred,  and  all  persons  entitled  to  vote  in  said  First  Election 
District  shall  vote  at  the  place  heretofore  designated  by  law 
for  holding  elections  in  said  Eastern  Election  District  of  New  place  of  voting 
Castle  Hundred. 

The  Second  Election  District  of  the  Tenth  Representative  24  Election 
District  shall  embrace  all  that  portion  of  New  Castle  Hundred01 
heretofore  known  as   the   Northern  Election   District  of  New 
Castle  Hundred,  and  all  persons  entitled  to  vote  in  said  Second  who  to  vote  in 
Election  District  shall  vote  at  the  place  heretofore  designated  piace  Of  voting 
by  law  for  holding  elections  in  said  Northern  Election  District 
of  New  Castle  Hundred. 

The  Third  Election  District  of  the  Tenth  Representative  3d  Election 
District  shall  embrace  all  that  portion  of  New  Castle  Hundred  Dl 
heretofore  known  as  the  Western  Election  District  of  New  Cas-  who  to  vote  in 
tie  Hundred  and  all  persons  entitled  to  vote  in  said  Third  Elec- 
tion District  shall  vote  at  the  place  heretofore  designated  by  place  of  voting 
law  for  holding  elections  in  said  Western  Election  District  of  New 
Castle  Hundred. 


The  Fourth  Election  District  of  the  Tenth  Representative  g{hs 
District  shall  embrace  all  that  portion  of  New  Castle  Hundred 
heretofore  known  as   the   Southern  Election   District   of   New 
Castle  Hundred,  and  all  persons  entitled  to  vote  in  said  Fourth  who  to  vote  m 
Election  District  shall  vote  at  the  place  heretofore  designated 
by  law  for  holding  elections  in  said  Southern  Election  District  Place  of  voting 
of  New  Castle  Hundred. 


44 

nth  Rep.  Dist.  The  First  Election  District  of  the  Eleventh  Representative 
District0  District  shall  embrace  all  that  portion  of  Pencader  Hundred 

heretofore  known  as  North  Pencader  Election  District  of  Pen- 
who  to  vote  in  cader  Hundred,  and  all  persons  entitled  to  vote  in  said  First 

Election  District  shall  vote  at  the  place  heretofore  designated 
Place  of  voting  by  law  for  holding  elections  in  said  North  Pencader  Election 

District  of  Pencader  Hundred. 


2d  Election  The  Second  Election  District  of  the  Eleventh  Representative 

District  shall  embrace  all  that  portion  of  Pencader  Hundred 
heretofore  known  as  the  Soutn  Pencader  Election  District  of 

who  to  vote  in  Pencader  Hundred,  and  all  persons  entitled  to  vote  in  said  Sec- 
ond Election  District  shall  vote  at  the  place  heretofore  designated 

Place  of  voting  by  law  for  holding  elections  in  said  South  Pencader  Election 
District  of  Pencader  Hundred. 

!sthESctPio?ist'  The  First  Election  District  of  the  Twelfth  Representative 
District  District  shall  embrace  all  that  portion  of  Red  Lion  Hundred 

heretofore  known  as  the  Red  Lion  Eastern  Election  District, 
who  to  vote  in  and  all  persons  entitled  to  vote  in  said  First  Election  District 
piace  of  voting  shall  vote  at  the  place  heretofore  designated  by  law  for  holding 

elections  in  said  Red  Lion  Eastern  Election  District. 


The  Second  Election  District  of  the  Twelfth  Representative 
District  shall  embrace  all  that  portion  of  Red  Lion  Hundred 
heretofore  known  as  the  Red  Lion  Western  Election  District, 

who  to  vote  in  and  all  persons  entitled  to  vote  in  said  Second  Election  District 
shall  vote  at  the  place  heretofore  designated  by  law  for  holding 

Place  of  voting  elections  in  said  Red  Lion  Western  Election  District. 

Rep.  Dist.  The  First  Election  District  of  the  Thirteenth  Representative 
District  shall  embrace  all  that  portion  of  St.  George's  Hundred, 
heretofore  known  as  the  East  St.  George's  First  Election  Pre- 

who  to  vote  in  cinct,  and  all  persons  entitled  to  vote  in  First  Election  District 
shall  vote  at  the  place  heretofore  designated  by  law  for  holding 

Place  of  voting  elections  in  said  East  St.  George's  First  Election  Precinct. 


The  Second  Election  District  of  the  Thirteenth  Represen- 
tative District  shall  embrace  all  that  portion  of  St.  George's 
Hundred  heretofore  known  as  the  East  St.  George's  Second 

Who  to  vote  in  Election  Precinct,  and  all  persons  entitled  to  vote  in  Second 
Election  District  shall  vote  at  the  place  heretofore  designated 

Place  of  voting  by  law  for  holding  elections  in  said  East  St.  George's  Second 
Election  Precinct. 


45 

The  Third  Election  District  of  the  Thirteenth  Representa- 
tive  District  shall  embrace  all  that  portion  of  St.  George's  Hun- 
dred heretofore  known  as  the  West  St.  George's  First  Election 
Precinct,  and  all  persons  entitled  to  vote  in  said  Third  Election  who  to  vote  in 
District  shall  vote  at  the  place  heretofore  designated  by  law  for 
holding  elections  in  said  West  St.  George's  First  Election  Precinct.  Place  of  voting 


The  Fourth  Election  District  of  the  Thirteenth  Represen- 
tative  District  shall  embrace  all  that  portion  of  St.   George's 
Hundred  heretofore  known  as  the  West  St.   George's  Second 
Election  Precinct,  and  all  persons  entitled  to  vote  in  said  Fourth  Who  to  vote  in 
Election  District    shall  vote  at  the  place  heretofore  designated 
by  law  for  holding  elections  in  said  West  St.  George's  Second  piace  Of  voting 
Election  Precinct. 

The  First  Election  District  of  the  Fourteenth  Representa- 
tive  District  shall  embrace  all  that  portion  of  Appoquinimink  District 
Hundred  heretofore  known  as  the  Eastern  Election  District  of 
Appoquinimink  Hundred,   and  all  persons  entitled  -to  vote  in  Who  to  vote  in 
said  First  Election  District  shall  vote  at  the  place  heretofore 
designated  by  law  for  holding  elections  in  said  Eastern  Election  Place  of  voting 
District  of  Appoquinimink  Hundred. 


The  Second  Election  District  of  the  Fourteenth  Represen- 
tative  District  shall  embrace  all  that  portion  of  Appoquinimink 
Hundred  heretofore  known  as  the  Western  Election  District  °f  Who  to  votein 
Appoquinimink  Hundred,  and  all  persons  entitled  to  vote  in  said 
Second  Election  District  shall  vote  at  the  place  heretofore  desig-  Place  of  voting 
nated  by  law  for  holding  elections  in  said  Western  Election 
District    of    Appoquinimink  Hundred. 

The  First  Election  District  of  the  Fifteenth  Representative 
District  shall  embrace  all  that  portion  of  Blackbird  •  Hundred 
heretofore  known  as  the  Eastern  Election  District  of  Blackbird 
Hundred,  and  all  persons  entitled  to  vote  in  said  First  Election  who  to  vote  in 
District  shall  vote  at  the  place  heretofore  designated  by  law  for 
holding  elections  in  said  Eastern  Election  District  of  Blackbird  piace  of  voting 
Hundred. 


The  Second  Election  District  of  the  Fifteenth  Representa- 
tive  District  shall  embrace  all  that  portion  of  Blackbird  Hun- 
dred heretofore  known  as  the  Western  Election  District  of  Black- 
bird Hundred,  and  all  persons  entitled  to  vote  in  said  Second  m°  to  votein 
Election  District  shall  vote  at  the  place  heretofore  designated  Place  of  voting 
by  law  for  holding  elections  in  said  Western  Election  District 
of  Blackbird  Hundred. 


46 


FOR  KENT   COUNTY. 

1st  EkctionDist  The  First  Election  District  of  the  First  Representative  Dis- 
District  trict  shall  embrace  all  that  portion  of  Duck  Creek  Hundred 

heretofore  known  as  the  Eastern  Election  District  of  Duck  Creek 

who  to  vote  in  Hundred,  and  all  persons  entitled  to  vote  in  said  First  Election 

Place  of  votin  District  shall  vote  at  the  place  heretofore  designated  by  law 

ngfor  holding  elections  in  said  Eastern  Election  District  of  Duck 

Creek  Hundred. 

Ddis?rk?ion  The  Second  Election  District  of  the  First  Representative 

District  shall  embrace  all  that  portion  of  Duck  Creek  Hundred 

heretofore  known  as  the  Western  Election   District   of   Duck 

who  to  vote  in  Creek  Hundred,  and  all  persons  entitled  to  vote  in  said  Second 

Place  of  votin  Election  District  shall  vote  at  the  place  heretofore  designated 

lgby  law  for  holding  elections  in  said  Western  Election  District  of 

Duck  Creek  Hundred. 

2dReP.  Dist.  The  First  Election  District  of  the  Second  Representative 

D?sScttion      District  shall  embrace  all  of  Little  Creek  Hundred,  and  all  per- 
who  to  vote  in  sons  eirtu^ecl  to  vote  in  said  First  Election  District  shall  vote  at 
mthe  place  heretofore  designated  by  law  for  holding  elections  in 
Place  of  voting  said  Uiile  Creek  Hundred. 

2d  Election  The  Second  Election  District  of  the  Second  Representative 

District  District,  shall  embrace  all  that  portion  of  East  Dover  Hundred 

heretofore  known  as  Election  District  Number  One,  of  East 
who  to  vote  in  Dover  Hundred,  and  all  persons  entitled  to  vote  in  said  Second 

Election  District  shall  vote  at  the  place  heretofore  designated 
Place  of  voting  by  law  for  hcMing  elections  in  said  election  District  Number 

One  of  East  Dover  Hundred. 

.w  Rep.  Dist.  The  Election  District  of  the  Third  Representative  District, 

'"  shall  embrace  all  of  Kenton  Hundred,  and  all  persons  entitled 

who  to  vote  in  to  vote  in  said  Election  District  shall  vote  at  the  place  hereto- 

piace  of  voting  fore   designated   by   law   for   holding   elections   in   said   Kenton 

Hundred. 

4th  Rep.  pjst.  The  Election  District  of  the  Fourth  Representative  District 
:'  shall  embrace  all  of  West  Dover  Hundred  and  all  that  portion  of 
East  Dover  Hundred  lying  next  to  West  Dover  Hundred  and 
separated  from  the  rest  of  East  Dover  Hundred  by  the  follow- 
ing  boundary  lines.  Beginning  at  the  middle  of  the  public  road 
leading  from  the  Horsehead  Road  to  Kenton  at  the  point  of 
intersection  of  Kenton  Hundred  and  East  Dover  Hundred, 
thence  running  along  the  middle  of  the  said  road  to  the  Horse- 


head  road,  thence  running  in  a  westerly  direction  along  the  mid- 

dle of  the  said  Horsehead  road  a  short  distance  to  a  short  road 

leading  from  the  said  Horsehead  road  to  the  road  from  Dover 

to  Hazlettville,  known  as  the  Hazlettville  road,  thence  running 

along  the  middle  of  the  said  short  road  from  the  Homestead 

road  to  the  said  Hazlettville  road,  thence  running  in  a  westerly 

direction  along  the  middle  of  the  said  Hazlettville  road  a  short 

distance  to  the  road  leading  therefrom  to  Wyoming,  thence  run- 

ning along  the  middle  of  the  said  road  leading  from  the  said 

Hazlettville  road  to  Wyoming  to  the  point  of  intersection  of  East 

Dover  Hundred  and  North  Murderkill  Hundred,  and  all  persons  Who  to  votein 

entitled  to  vote  in  said  Election  District  shall  vote  at  the  place 

heretofore  designated  by  law  for  holding  elections  in  West  Dover  Place  of  votin* 

Hundred. 

The   First   Election   District   of   the   Fifth   Representative 
District  shall  embrace  all  that  portion  of  Election  District  Num-  Distrit 
ber  Two  of  East  Dover  Hundred  which  is  not  included  in  Repre- 
sentative District  Number  Four,  and  all  persons  entitled  to  vote  Who  to  vote  in 
in  said  First  Election  District  shall  vote  at  the  place  heretofore 
designated  by  law  for  holding  elections  in  said  Election  District  Place  of  votine 
Number  Two  in  East  Dover  Hundred. 


The  Second  Election  District  of  the  Fifth  Representative 
District,   shall  embrace  all  that  portion  of  the  Third  Election 
District  of  East  Dover  Hundred  which  is  not  included  in  Rep- 
resentative District  Number  Four,  and  all  persons  entitled  to  Who  **  vote  in 
vote  in  said  Second  Election  District  shall  vote  at  the  place 
heretofore  designated  by  law  for  holding  elections  in  said  Third  Place  of  voting 
Election  District  of  East  Dover  Hundred. 

The  First  Election  District  of  the  Sixth  Representative 
District  shall  embrace  all  those  portions  of  North  Murderkill  District 
and  South  Murderkill  Hundreds  included  within  the  following 
boundary  lines:  Beginning  at  a  point  on  the  Maryland  line 
where  the  line  dividing  West  Dover  Hundred  and  North  Murder-  Boundaries 
kill  Hundred  intersects  the  same  and  running  thence  with  said 
Maryland  line  south  to  the  point  where  the  northern  boundary 
line  of  the  Second  Election  District  of  the  Sixth  Representative 
District  intersects  the  said  Maryland  line,  thence  easterly  with 
said  northern  boundary  line  of  s'aid  Second  Election  District  to 
the  road  from  Felton  to  Whiteleysburg,  thence  along  said  road 
to  the  Owl's  Nest  Road,  thence  running  in  a  northerly  direction 
along  the  middle  of  the  said  Owl's  Nest  Road  to  the  intersection 
of  the  Cowgill  Road  from  Woodside  to  Petersburg  then  running 
in  a  northeasterly  direction  along  the  middle  of  the  said  Cow- 
sjill  Road  to  the  Reed  Road  running  from  Woodside  to  Du  Font's 


48 

School  House,  thence  running  in  a  northwesterly  direction  along 
the  middle  of  the  said  Reed  Road  to  Du  Font's  School  House, 
thence  running  in  a  northerly  direction  along  the  middle  of  the 
public  road  leading  from  Willow  Grove  to  Camden,  a  short  dis- 
tance to  Stubb's  Corner,  thence  running  in  a  westerly  and  north- 
westerly and  westerly  direction  along  the  middle  of  the  public 
road  leading  from  Du  Font's  School  House  to  the  Alms  House 
to  Gray's  Corner,  thence  continuing  in  a  direct  westerly  line 
to  the  southern  boundary  line  of  West  Dover  Hundred,  thence 
following  the  southern  boundary  line  of  West  Dover  Hundred 

who  to  vote  in  jn  a  westerly  direction  to  the  place  of  beginning,  and  all  per- 
sons entitled  to  vote  in  said  First  Election  District  shall  vote 
at  the  place  heretofore  designated  by  law  for  holding  elections 

Place  of  voting  in  j^  West  Election  District  of  North  Murderkill  Hundred. 


2d  Election 
District 


Boundaries 


The  Second  Election  District  of  the  Sixth  Representative 
District  shall  embrace  all  the  portions  of  North  Murderkill, 
South  Murderkill  and  Mispillion  Hundreds  included  within  the 
following  boundary  lines:  beginning  at  the  intersection  of  the 
southern  line  of  South  Murderkill  Hundred  with  the  State  of 
Maryland,  thence  running  along  the  division  line  between  Mis- 
pillion  Hundred  and  South  Murderkill  Hundred  to  the  public 
road  leading  from  Whiteleysburg  to  Harrington,  thence  running 
in  a  southeasterly  and  easterly  direction  along  the  middle  of 
said  public  road  to  the  public  road  leading  from  Masten's  Cor- 
ner to  Vernon,  at  or  near  White's  Church,  thence  running  in  a 
northeasterly  direction  along  the  middle  of  the  said  public  road 
leading  from  Masten's  Corner  to  Vernon  a  short  distance  to 
the  public  road  leading  therefrom  to  the  town  of  Harrington, 
being  a  continuation  of  the  road  leading  from  Whiteleysburg  to 
Harrington,  thence  running  in  a  southeasterly  direction  to  the 
intersection  of  West  street  in  the  town  of  Harrington,  thence 
running  in  a  northerly  direction  along  the  middle  of  said  West 
street  to  the  middle  of  Wolcott  street  in  said  town  of  Harring- 
ton, thence  running  in  an  easterly  direction  along  the  middle  of 
said  Wolcott  street  to  the  middle  of  Dorman  street  in  said  town 
of  Harrington,  thence  running  in  a  northerly  direction  along 
the  middle  of  said  Dorman  street  to  Brown's  branch  being  the 
northwest  corner  of  lands  of  Joseph  Ward,  thence  running  in 
an  easterly  direction  with  the  course  of  said  branch  to  the  Dela- 
ware Railroad,  thence  running  in  $a  northerly  direction  along 
said  Delaware  Railroad  to  Beaver  Dam  Branch  in  South  Murder- 
kill  Hundred,  thence  following  the  course  of  said  Beaver  Dam 
Branch  in  a  northwesterly  direction  to  the  public  road  leading 
from  Felton  to  Whiteleysburg,  thence  westerly  with  the  said 
last  mentioned  road  to  what  is  known  as  the  "Big  Ash",  thence 


Who  to  vote  in 


49 

in  a  northerly  direction  with  the  public  road  leading  by  Willis' 
Chapel,  thence  by  the  public  school  house  near  Mrs.  Charles 
Warren  and  on  by  Cohee's  Shops  and  Sandtown,  leaving  the 
village  to  the  north,  thence  by  the  county  road  leading  from 
Sandtown  to  Greensboro  to  the  Maryland  line,  thence  by  the 
said  Maryland  line  south  to  the  place  of  beginning,  and  all  per- 
sons entitled  to  vote  in  said  Second  Election  District  shall  vote 
at  Masten's  Corner  at  such  place  as  shall  be  procured  by  the 
inspector  or  other  officer  holding  the  election  in  said  Second  ' 
Election  District  of  the  Sixth  Representative  District. 

The  Election  District  of  the  Seventh  Representative  Dis-  ggc  KW.^>*I. 
trict  shall  embrace  all  that  portion  of  North  Murderkill  Hun- 
dred not  included  in  Representative  District  Number  Six,  and 
all  persons  entitled  to  vote  in  said  election  district  shall  vote  at Who  to  vote  in 
the  place  heretofore  designated  by  law  for  holding  elections  in 
the  Eastern  Election  District  of  North  Murderkill  Hundred.     Place  of  voting 

The   First   Election   District   of  the   Eight   Representative  sth^ep.^st. 
District  shall  embrace  all  that  portion  of  South  Murderkill  Hun- 
dred which  is  not  included  in  the  Sixth  Representative  District 
and  which  lies  west  of  the  following  lines:   Beginning  at  a  point 
at  or  near  Locust  Grove  school-hou  se  on  the  line  dividing  North  Boundaries 
and  South  Murderkill  Hundreds,  and  running  thence  southerly 
by  the  public  road  leading  to  and  by  Virden's  Mill,  and  thence 
southerly  by  the  same  public  road  to  Boswell's  Mill,   thence 
southerly  to  the  Felton  and  Frederica  road,  thence  southwesterly 
with  line  of  said  Frederica  and  Felton  road  to  Roe's  Corner  on 
the  road  from  Canterbury  to  Roe's  Village,  thence  easterly  by 
a  public  road  to  a  public  road  leading  to  Spring  Mills,  and  thence 
by  the  said  last  mentioned  road  to  said  Spring  Mills,  thence 
southerly  to  the  line  dividing  Milford  from  South  Murderkill 
Hundred,  and  all  persons  entitled  to  vote  in  said  First  Elec-  who  to  vote  in 
tion  District  shall  vote  at  the  place  heretofore  designated  for 
holding   elections  in  Election   District   Number  One  of  South  piace  Of  voting 
Murderkill  Hundred. 

The  Second  Election  District  of  the  Eighth  Represent ative  8th  Rep.  EHST. 
District  shall  embrace  all  that  portion  of  South  Murderkill  Hun- g^1^011 
dred  lying  east  of  the  First  Election  District  of  the  said  Repre- 
sentative District,  and  all  persons  entitled  to  vote  in  said  Second  who  to  vote  in 
Election  District  shall  vote  at  the  place  heretofore  designated 
for  holding  elections  in  Election  Dis  trict  Number  Two  of  South  Place  of  voting 
Murderkill  Hundred. 

The  First  Election  District  of  the  Ninth  Representative  9th  ReP. .  Dist. 
District  shall  embrace  all  that  portion  of  Election  District  Num- 


50 

her  One  of  Mispillon  Hundred  not  included  in  Representative 

District  Number  Six,  and  all  persons  entitled  to  vote  in  said 

who  to  vote  in  p{rst  Election  District  shall  vote  at  the  place  heretofore  desig- 

piace  of  voting  nated  by  law  for  holding  elections  in  Election  District  Number 

One  of  Mispillion  Hundred. 

Ddisfricttion  The  Second  Election  District  of  the  Ninth  Representative 

District    shall  embrace  all  that  portion  of  Mispillion  Hundred 

lying  south  of  the  First  Election  District  of  said  Ninth  Repre- 

who  to  vote  insentative  District,  and  all  persons  entitled  to  vote  in  said  Second 

Place  of  voting  Election  District  shall  vote  at  the  place  heretofore  designated 

by  law  for  holding  elections  in  Election  District  Number  Two 

of  Mispillion  "Hundred. 

!stthE5ctio?ist  The  First  Election  District  of  the  Tenth  Representative 
District 10  District  shall  embrace  all  that  portion  of  Milford  Hundred 

included  in  the  Eastern  Election  District  of  Milford  Hundred, 
who  to  vote  in  anci  Q\\  persons  entitled  to  vote  in  said  First  Election  District 
Place  of  voting  shall  vote  at  the  place  heretofore  designated  by  law  for  holding 

elections  in  said  Eastern  Election  District  of  Milford  Hundred. 

Ddistriccttion  Tlie  Second  Election  District  of  the  Tenth  Representative 

District   shall   embrace   all   that   portion   of    Milford   Hundred 

included  in  the  Western  Election  District  of  Milford  Hundred, 

who  to  vote  in  an(j  au  persons  entitled  to  vote  in  said  Second  Election  District 

Place  of  voting  shall  vote  at  the  place  heretofore  designated  by  law  for  holding 

elections  in  said  Western  Election  District  of  Milford  Hundred. 

FOR   SUSSEX   COUNTY. 

ill  E*eecptio?ist'  The  First  Election  District  of  the  First  Representative  Dis- 
District  trict  shall  embrace  all  that  portion  of  Cedar  Creek .  Hundred 

heretofore  known  as  the  South  Milford  Election  District  of  Cedar 
who  to  vote  in  Creek  Hundred  and  all  persons  entitled  to  vote  in  said  First 
place  of  voting  Election  District  shall  vote  at  the  place  heretofore  designated 

by  law  for  holding   elections  in  said  South   Milford   Election 

District  of  Cedar  Creek  Hundred. 

r>distriStion  The  Second  Election  District  of  the  First  Representative 

District  shall  embrace  all  that  portion  of  Cedar  Creek  Hundred 

heretofore  known  as  the  Lincoln  Election  District  of  Cedar  Creek 

who  to  vote  in  Hundred  and  all  persons  entitled  to  vote  in  said  Second  Election 

Place  of  voting  District  shall  vote  at  the  place  heretofore  designated  by  law 

for  holding  elections  in  said  Lincoln  Election  District  of  Cedar 

Creek  Hundred. 

ist  ^lectiolf'          The  First  Election  District  of  the  Second  Representative 

District  District  shall  embrace  all  that  portion  of  Nanticoke  Hundred 

which  lies  north  and  west  of  Gravelly  Branch,  beginning  at  a 


51 

point   where  the  said  Gravelly  Branch  intersects  the  dividing Boundaries 
line  between  Georgetown  and  Nanticoke  Hundreds  and  running 
in  a  southwesterly  course  to  what  was  formerly  known  as  Rest's 
Old  Mill,  thence  along  said  branch  to  what  was  formerly  known 
as  Collins'  ''Mills",  to  its  mouth  being  at  the  head  of  Middle- 
ford  Mill  Pond,  and  all  persons  entitled  to  vote  in  said  First Who  to  vote  in 
Election  District  shall  vote  at  Owen's  Station,  at  such  place  as  Place  of  voting 
shall  be  procured  by  the  Inspector  or  other  officer  holding  the 
election  in  said  First  Election  District  of  the  Second  Represen- 
tative District. 

The  Second  Election  District  of  the  Second  Representative  2d  Election 
District  shall  embrace  all  of  North  West  Fork  Hundred,  and  all Dl 
persons  entitled  to  vote  in  said  Election  District  shall  vote  at Who  to  vote  in 
the  place  heretofore  designated  by  law  for  holding  elections  in  Place  of  voting 
said  North  West  Fork  Hundred. 

The   First   Election   District   of   the   Third   Representative  ^ 
District  shall  embrace  all  that  portion  of  Nanticoke  Hundred,  District 
which  lies  south  and  east  of  said  Gravelly   Branch,    beginning 
at  a  point  where  the  said  Gravelly  Branch  intersects  the  dividing  Boundaries 
line  between  Nanticoke  and  Georgetown  Hundreds,  running  in 
a  southwesterly  course  to  what  was  formerly  known  as  Rest's 
Old  Mill,  thence  along  the  said  branch  to  what  was  formerly 
known  as  Collins'  Mills,  to  its  mouth  at  the  head  of  Middleford 
Mill  Pond,  and  all  persons  entitled  to  vote  in  said  First  Election  Who  to  vote  in 
District  shall  vote  at  the  place  known  as  "Old  Furnace",  at  Place  of  voting 
such  place  as  shall  be  procured  by  the  Inspector  or  other  officer 
holding  the  election  in  said  First  Election  District  of  the  Third 
Representative  District. 

The  Second  Election  District  of  the  Third  Representative  ^dist^cetction 
District  shall  embrace  all  of  Seaford  Hundred,  and  all  persons 
entitled  to  vote  in  said  Election  District  shall  vote  at  the  place  Who  to  vote  in 
heretofore  designated  by  law  for  holding  elections  in  said  Seaford  piace  of  voting 
'Hundred.* 

The   Election   District  of   the   Fourth   Representative   Dis-  gJ^gjP-  ggt4- 
trict  shall  embrace  all  of  Broad  Creek  Hundred,  and  all  per- 
sons entitled  to  vote  in  said  Election  District  shall  vote  at  the Who  to  vote  in 
place  now  designated  by  law  for  holding  elections  in  said  Broad  Place  of  voting 
Creek  Hundred. 

**The  First  Election  District  of  the  Fifth  Representative  Jth  R.Dist. 
District  shall  embrace  all  that  portion  of  Little  Creek  Hundred  District 

*  For  division  of  Second  Election  District  into  second  and  third,  see  Chapter  71.  Vol.  24. 
**  Amended.      See  Chapter  10,  Volume  22. 


52 

hertofore  known  as  the  West  Election  District  of  Little  Creek 

Hundred  and  all  persons  entitled  to  vote  in  said  First  Election 

who  to  vote  in  District  shall  vote  at  the  place  heretofore  designated  by  law 

Place  of  voting  for  holding  elections  in  said  West  Election  District  of  Little 

Creek  Hundred. 

iKs?ricCttion  *The  Second  Election  District  of  the  Fifth  Representative 

District  shall  embrace  all  that  portion  of  Little  Creek  Hundred 

who  to  vote  in  an(j  a^  persons  entitled  to  vote  in  said  Second  Election  District 

Place  of  voting  shall  vote  at  the  place  heretofore  designated  by  law  for  holding 

elections  in  said  East  Election  District  of  Little  Creek  Hundred. 

istE*ertio?ist'         The   First   Election   District   of   the   Sixth   Representative 

District  District  shall  embrace  all  that  portion  of  Dagsboro  Hundred 

lying  north  of  the  public  road  beginning  at  Millsboro  Mills,  and 

Boundaries  running  with  said  public  road  or  Main  street  of  Millsboro  in  a 
westerly  direction  through  the  town  of  Millsboro,  thence  by  and 
with  the  said  public  road  to  Phillip's  Hill,  and  thence  with  the 
said  public  road  by  way  of  Carey's  Methodist  Episcopal  Church 

who  to  vote  in  to  the  line  of  Gumboro  Hundred,  and  all  persons  entitled  to 
vote  in  said  First  Election  District  shall  vote  at  the  place  called 

Place  of  voting  « pon  Dam,"  at  such  place  as  shall  be  procured  by  the  Inspector 
or  other  officer  holding  the  election  in  said  First  Election  Dis- 
trict of  the  Sixth  Representative  District. 

Ddis?rfccttion  The  Second  Election  District  of  the  Sixth  Representative 

District  shall  embrace  all  that  portion  of  Dagsboro  Hundred 
lying  south  of  the  public  road  beginning  at  Millsboro  Mills,  and 

Boundaries  running  with  the  said  public  road  or  main  street  of  Millsboro 
in  a  westerly  direction  through  the  town  of  Millsboro,  thence 
by  and  with  the  said  public  road  to  Phillip's  Hill,  and  thence 
with  the  said  public  road  by  way  of  Carey's  Methodist  Episcopal 
Church  to  the  line  of  Gumboro  Hundred,  and  all  persons  enti- 

who  to  vote  in  tied  to  vote  in  said  Second  Election  District  shall  vote  at  the 
town  of  Dagsboro  at  such  place  as  shall  be  procured  by  the 

Place  of  voting  Inspector  or  other  officer  holding  the  election  in  said  Second 
Election  District  of  the  Sixth  Representative  District. 

3d  Election  The  Third  Election  District  of  the  Sixth  Representative 

District  shall  embrace  all  of  Gumboro  Hundred,  and  all  persons 

who  to  vote  in  entitled  to  vote  in  said  Third  Election  District  shall  vote  at  the 

Place  of  voting  place  heretofore  designated  by  law  for  holding  elections  in  said 

Gumboro  Hundred. 

7th  Rep.  Dist.         The  First  Election  District  of  the  Seventh  Representative 
District*10        District  shall  embrace  all  that  portion  of  Baltimore  Hundred 

*  For  division  of  Second  Election  District  into  second  and  third,  see  Chapter  74,  Vol.  24. 


53 

lying  north  of  the  public  road  beginning  at  the  Baltimore  mill  Boundaries 

dam  and  running  down  the  public  road  by  Peter  R.  Hickman, 

by  way  of  the  Trap  school-house  to  H.   H.   Hickman's  store, 

thence  down  said  county  road  to  a  county  road  opposite  the 

farm  of  George  L.  Barnett,  thence  running  along  said  road  to 

a  bridge  actoss  William's  Creek,  known  as  Derrickson's  old  mill, 

being  the   North   Election   District   of   Baltimore   Hundred  as 

formed  by  the  Act  of  the  General  Assembly,  passed  April  22,  Who  to  vote  in 

1897,  and  all  persons  entitled  to  vote  in  said  First  Election  Dis- 

trict shall  vote  at  the  school  house  of  school  district  No.  181,  Place  of  voting 

in  the  town  of  Millville,  in  said  First  Election  District  of  the 

Seventh  Representative  District. 


The  Second  Election  District  of  the  Seventh  Representative 
District  shall  embrace  all  that  portion  of  Baltimore  Hundred 
lying  south  of  the  public  road  beginning  at  the  Baltimore  Mill 
Dam  and  running  down  the  public  road  by  Peter  R.  Hickman, 
by  way  of  the  Trap  School  House  to  H.  H.  Hickman's  Store,  Boundaries 
thence  down  said  county  road  to  a  county  road  opposite  the 
farm  of  George  L.  Arnett,  thence  running  along  said  road  to  a 
bridge  across  William's  Creek,  known  as  Derrickson's  Old  Mill, 
being  the   South   Election  District  of   Baltimore   Hundred,   as 
formed  by  the  Act  of  the  General  Assembly  passed  April  22, 
1897,  and  all  persons  entitled  to  vote  in  said  Second  Election  who  to  vote  in 
District  shall  vote  at  Slebyville  at  such  place  as  shall  be  pro- 
cured by  the  Inspector  or  other  officer  holding  the  election  in  Place  of  voting 
said  Second   Election   District   of  the   Seventh   Representative 
District. 

The  Election  District  of  the  Eighth  Representative  District 
shall  embrace  all  of  Indian  River  Hundred  and  all  persons  enti- 
tled to  vote  in  said  Election  District  shall  vote  at  the  place  here-  Who  to  vote  in 
tofore  designated  by  law  for  holding  elections  in  said  Indian  Place  of  voting 
River  Hundred. 

The  Election  District  of  the  Ninth  Representative  District  %£*££  gjft; 
shall  embrace  all  of  Georgetown  Hundred,  and  all  persons  enti- 
tled to  vote  in  said  Election  District  shall  vote  at  the  place  here-  Who  to  vote  in 
tofore  designated  by  law  for  holding  elections  in  said  Georgetown  Place  of  voting 
Hundred. 


The  First  Election  District  of  the  Tenth  Representative 
District  shall  embrace  all  of  Broadkiln  Hundred,  and  all  persons  District 
entitled  to  vote  in  said  Election  District  shall  vote  at  the  place  who  to  vote  in 
heretofore  designated  by  law  for  holding  elections  in  said  Broad-  piace  of  voting 
kiln  Hundred. 

*The  Second  Election  District  of  the  Tenth  Representative  2d  EiecSon  1S 

District 
*  Amended.     See  Chapter  12,  Volume  22. 


54 

District  shall  embrace  all  of  Lewes  and  Rehoboth  Hundred  and 
who  to  vote  in  a^  persons  entitled  to  vote  in  said  Election  District  shall  vote 
Place  of  voting  at  the  place  heretofore  designated  by  law  for  holding  elections 

in  said  Lewes  and  Rehoboth  Hundred. 


Change  of  vot- 
ing place 


Notice 


Section  2.  If  at  any  time  it  shall  be  impracticable  to  hold 
the  election  in  any  election  district  at  the  place  appointed  by 
law,  the  Inspector  of  such  election  district  or  other  officer  author- 
ized by  law  to  hold  the  election  therein  shall  have  power  to  appoint 
some  other  place  in  said  election  district  as  near  as  can  be  con- 
veniently obtained  to  the  place  herein  directed,  and  he  shall 
give  public  notice  of  the  place  so  appointed  by  advertisements 
posted  in  at  least  five  of  the  most  public  places  of  the  election 
district,  if  circumstances  will  admit  of  such  notice  being  given, 
but  if  not  then  he  shall  give  such  public  and  general  notice  as 
the  circumstances  will  permit. 


de~  Section  3 .     The  Sheriff  of  each  county  shall  after  the  Twenty- 

boxes,  list  of  third  day  and  before  the  Twenty-seventh  day  of  October  in  the 
?2?ing'  wax,6'  year  of  holding  the  General  Election  deliver  to  the  inspector  of 
wlimlngfon7  °f  eac^  election  district  or  other  officer,  authorized  by  law  to  hold 
the  election  therein  (outside  of  the  City  of  Wilmington)  two 
suitable  ballot  boxes,  with  a  piece  of  tape  and  sealing  wax,  to- 
gether with  a  list  of  all  the  officers  to  be  chosen  at  the  then  next 
General  Election,  written  or  printed  forms  of  tally  lists,  of  cer- 
tificates of  election  in  said  election  district,  of  the  oath  or  affir- 
mation of  the  inspector  or  other  person  authorized  by  law  to 
hold  the  election  therein,  and  persons  to  be  taken  as  Judges  of 
Election,  and  also  of  the  clerks  who  shall  be  chosen  to  act  at 
such  election,  and  of  the  certificate  of  administering  such  oaths 
or  affirmations,  with  printed  or  written  directions  as  to  correct- 
ing, completing  and  signing  such  oath  or  affirmation  and  certifi- 
cate of  administering  the  same,  and  shall  also  deliver  to  each 
inspector  or  other  officer  authorized  by  law  to  hold  the  election 
as  aforesaid  (outside  of  the  City  of  Wilmington)  a  book  of  blank 
forms  of  oaths  (or  affirmations)  provided  for  in  Section  19  of  this 
Act. 


Oaths 


Outside    the 
City    of    Wil- 
mington 


Department^         That  the  Department  of  Elections  for  the  City  of  Wilming- 

iotecboxls,  list  ton  shall  in  addition  to  the  registers  and  things  they  are  now 

of  officers,  etc.  required  by  law  to  furnish  to  the  inspectors  of  election  in  said 

City  shall  between  the  Twenty-third  and  Twenty-seventh  days 

of  October  in  the  year  of  holding  the  General  Election  deliver  to 

the  inspector  of  each  election  district  or  other  officer  authorized 

by  law  to  hold  the  election  therein,  in  the  City  of  Wilmington, 

two  suitable  ballot  boxes  with  a  piece  of  tape  and  sealing  wax 

together  with  a  list  of  all  the  officers  to  be  chosen  at  the  then 

next  General  Election,   written  or  printed  forms  of  tally  lists, 


55 

of  certificates  of  election  in  said  election  district,  of  the  oath 
or  affirmation  of  the  inspector  or  other  person  authorized  by 
law  to  hold  the  election  therein,  and  the  persons  to  be  taken  as 
Judges  of  Election,  and  also  of  the  Clerks  who  shall  be  chosen 
to  act  at  such  election,  and  of  the  certificate  of  administering 
such  oaths  or  affirmations  with  printed  or  written  directions 
as  to  correcting,  completing  and  signing  such  oath  or  affirmation,  Oaths 
and  certificate  of  administering  the  same,  and  shall  also  deliver 
to  each  inspector  or  other  officer  authorized  by  law  to  hold  the 
election  as  aforesaid,  in  the  City  of  Wilmington,  a  book  of  blank 
forms  of  oaths  (or  affirmations)  provided  for  in  Section  19  of  this 
Act. 

Section  4.  The  ballot  boxes  shall  each  be  of  sufficient  size  ^iiot 
to  contain  all  the  ballots  of  the  election  district,  with  one  of  the 
tally  lists  and  certificates  of  election;  in  the  lid  of  one  of  the 
boxes  there  shall  be  a  hole  sufficient  only  to  admit  with  con- 
venience one  ballot,  and  it  shall  be  furnished  with  a  lock  and  key 
for  securing  the  lid;  the  lid  of  the  other  box  shall  be  without  a 
hole,  and  it  shall  be  so  constructed  as  to  be  secured  with  tape  or 
sealing  wax. 

Section  5.  There  shall  be  two  of  the  said  tally  lists  eachTallvlists 
of  which  shall  consist  of  a  margin  on  the  left  for  the  names  of 
the  persons  voted  for,  and  squares  formed  by  parallel  lines  drawn 
from  left  to  right,  and  from  the  bottom  to  the  top  of  the  sheet, 
each  square  to  be  sufficient  to  contain  five  distinct  rows  of  five 
distinct  dots  of  a  pen  in  each  row,  and  there  shall  be  a  sufficient 
number  of  squares  in  each  row  of  squares  from  left  to  right  to 
contain  -more  dots  than  any  other  person  will  probably  receive 
votes  in  the  election  district. 

Section  6.     There  shall  be  two  of  the  said  certificates  of  certificates  of 
election  which  may  be  according  to  the  following  form,  viz. :         election 

County  and .  .  Election  Form  of 

District    of Representative    District,    ss: 

At  the  general  election  held  in  the  said  election  district,  on  the 
Tuesday  next  after  the  first  Monday  in  November,  A.  D.,  eight- 
een hundred  and the  votes  stand  as  follows: 

For  the  Office  of  Electors  of  President  and  Vice-President. 

Received votes 

.  .  Received . .  .  .  votes 


For  the  Office  of  Governor. 

Received votes 

.  .  Received   .  .  .  votes 


56 

For  the  Office  of  Lieutenant  Governor. 

Received votes 

Received votes 

For  the  Office  of  Representative  in  Congress. 

Received votes 

.  .  Received . .  ,  .  votes 


For  the  Office  of  Attorney  General. 


Received votes 

Received . .  .  .  votes 


For  the  Office  of  Insurance  Commissioner. 

Received votes 

Received votes 

For  the  Office  of  State  Treasurer. 

Received votes 

.  .  Received . .  .  .  votes 


For  the  Office  of  Auditor  of  Accounts. 

Received votes 

.  .Received. .  .  .votes 


For  the  Office  of  Senator  in  the  General  Assembly. 

Received votes 

.  .  Received . .  .  .  votes 


For  the  Office  of  Senator  in  the  General  Assenbly  in  Lieu  of. 

Received votes 

Received votes 

For  the  Office  of  Representatives  in  General  Assembly. 

Received votes 

Received votes 

For  the  Office  of  Prothonotary. 

Received votes 

Received votes 

For  the  Office  of  Clerk  of  the  Peace. 

Received votes 

,  .  Received . .  .  .  votes 


For  the  Office  of  Register  of  Wills. 

Received votes 

.  .  Received . .  .  .  votes 


For  the  Office  of  Recorder. 

Received votes 

Received votes 

For  the  Office  of  Register  in  Chancery. 

Received vote5 

Received votes 

For  the  Office  of  Clerk  of  the  Orphans'  Court. 

Received votes 

Received votes 

For  the  Office  of  Levy  Court  Commissioners. 

Received votes 

.  .  Received . .  .  .  votes 


For  the  Office  of  County  Treasurer. 

Received .  • votes 

Received .  - votes 

For  the  Office  of  Receiver  of  Taxes  and  County  Treasurer. 

Received votes 

Received votes 

For  the  Office  of  County  Comptroller. 

Received votes 

Received votes 

For  the  Office  of  Sheriff. 

Received votes 

Received votes 

For  the  Office  of  Cornoner. 

..;.-.  Received votes 

Received votes 

For  the  Office  of  Assessor. 

Received votes 

.  Received .  .  .  .  votes 


58 

For  the  Office  of  Inspector. 

Received votes 

Received votes 

For  the  Office  of  Road  Commissioner. 

Received votes 

Received votes 

And  we  further  certify  that  the  Clerks  appointed  by  us  were 
duly  sworn  or  affirmed  according  to  law,  and  that  we  were  duly 
sworn  or  affirmed. 

In  testimony  whereof,  we  the  Judges  of  said  Election  for 
said  election  d'ixtrict  have  hereunto  set  our  hands  the  day  and 
year  aforesaid: 

.puling  blank  In  the  said  written  or  printed  forms  of  certificates  before 

the  same  shall  be  delivered  by  the  Sheriff  as  above  directed,  the 
name  of  the  County  and  Election  District  and  of  Representative 
District  and  the  date  of  the  year  shall  be  inserted  in  the  blanks 
for  said  purposes  in  the  foregoing  form;  and  the  offices  to  be 
filled  at  the  election  shall  be  inserted  with  blanks  under  each 
to  contain  the  names  of  the  persons  who  may  be  voted  for,  with 
the  number  of  votes;  and  the  offices  not  to  be  filled  at  the  elec- 
tion, shall  be  omitted. 

Oath  of  officers  Section  7.  The  form  of  the  oath  or  affirmation  to  be  admin- 
istered to  the  inspector  or  other  officer  authorized  by  law  to  hold 
the  election  and  Judges  shall  be  as  follows,  viz. : 

Form  I,    ,  do  solemnly  swear  (or  affirm) 

that  in  the  election  to  be  this  day  held,  I  will  not  knowingly  or 
wilfully,  receive  or  consent  to  the  receiving  of  the  vote  of  any 
person  whom  I  shall  believe  not  entitled  to  vote,  unless  my  asso- 
ciates shall  adjudge  such  persons  to  be  entitled  to  vote,  that  I 
will  not  receive  or  reject  nor  concur  in  receiving  or  rejecting 
any  vote  through  partiality  or  undue  bias  and  that  I  will  deter- 
mine every  matter  that  shall  come  before  me,  and  perform  every 
act  and  duty  by  law  required  of  me  touching  the  said  election, 
truly,  faithfully  and  impartially  according  to  the  best  of  my 
skill  and  judgment  and  ability;  that  I  will  cause  the  ballots, 
that  shall  be  taken  at  this  election  to  be  fairly  read  and  ascer- 
tained and  a  true  statement  thereof  to  be  made  according  to 
the  best  of  my  knowledge  arid  ability  and  that  if  I  shall  dis- 
cover any  partiality,  unfairness  or  corruption  in  the  conducting 
of  the  said  election,  I  will  disclose  the  same  to  the  Attorney 
General  to  the  end  that  the  subject  may  be  investigated  so  help 
me  God  (or  so  I  solemnly  affirm).  There  shall  be  three  distinc 


59 

forms  of  the  foregoing  oath  or  affirmation  written  or  printe 
on  one  sheet;   which  forms  shall  be  numbered  and  distinguished 
as  No.  1,  No.  2  and  No.  3.     On  the  same  sheet  after  the  last 
of  said  forms  shall  be  written  or  printed  a  form  for  the  certifi- 
cate  of  the  qualification  of  the  Inspector  or  other  officer  author-  officers 
ized  by  law  to  hold  the  election  and  Judges  as  follows,    to  wit: 

....................  County  and  ................  Election  Form 

District  ....................  Representative   District,   ss.      We, 

subscribers,   Inspector   (or  other  officers  authorized  by  law  to 
hold  the  election)  and  judges  for  said  election  district  of  the 
general  election,  therein  held  on  the  Tuesday  next  after  the  first 
Monday  of  November  in  the  year  of  our  Lord  one  thousand 
eight  hundred  and  ........  certify  that  on  said  day,  before  open- 

ing the  said  election  in  said  election  district,  the  foregoing  oath 
or  affirmation  was  duly  administered  to  each  of  us,  according 
to  law. 

The  blanks  in  which  said  certificates  shall  be  filled  by  the 
Sheriff  or  by  his  Order,  before  delivering  the  same  to  the  Inspector 
or  other  officer  authorized  by  law  to  hold  the  election. 

Section  8.     The  inspector  or  other  officer  authorized  by 
to  hold  the  election  of  each  election  district  shall  within  two  time  and  place 
days  after  receiving  from  the  Sheriff  or  Department  of  Election0 
for  the  City  of  Wilmington,  a  list  of  officers  to  be  chosen  at  the 
general  election,  give  public  notice  of  the  time  and  place  of  hold- 
ing the  then  next  general  election  in  his  election  district  and  of 
the  officers  to  be  voted  for   at   such   election,  by    advertisements 
posted  in  at  least  five  of  the  most    public  places  in  his    election  mentfls< 
district,  i 

Section  9.     If  at   the  time  for  holding  the  general  election 
there  shall  be  no  Inspector  or  other  officer  authorized  by  law  to  absencee  off  in- 
hold  the  election  of  any  election  district,  or  if  he  shall  be  absent  spector  who  to 
from  the  place  of  election  at  half  past  eight  o'clock  of  the  fore-  ho 
noon  of  the  day  of  the  election  the  Registrar  of  the  said  election 
district  who  shall  be  present  with  his  Register  and  Book  of  Reg- 
istered Voters  for  said  district  or  in  the  event  of  the  Registrar's 
absence  the  Alternate  Registrar  of  said  election  district  who 
may  be  present  with  a  Register  and  a  Book  of  Registered  Voters 
of  said  election  district  shall  serve  as  the  Inspector  for  said  Elec- 
tion District  and  perform  all  the  duties  required  of  him  as  such 
Inspector. 

Section  10.     The  Inspector  or  other  officer  authorized  by    50      ° 


d 

law  to  hold  the  election  in  any  election  district  shall  be  a  Judge  presiding 
>f   the   general   election  held   therein  and  the  presiding  officer.  of 


60 


How   chosen 


judges  There  shall  also  be  two  other  judges  of  the  said  election  one  of 

whom  shall  be  chosen  by  the  County  Committee  of  the  Demo- 
cratic party  and  the  other  by  the  County  Committee  of  the 
Republican  party.  In  making  said  appointments,  the  respective 
County  Committees  shall  name  and  certify  two  persons  respec- 
tively one  of  whom  they  shall  designate  as  Judge  and  the  other 
as  Alternate  Judge  and  the  said  certification  shall  be  presented 
to  the  inspector  or  other  officer  authorized  by  law  to  hold  tbe 
election  in  the  respective  election  districts  on  the  morning  of 
the  general  election  and  one  hour  before  the  opening  of  the  polls. 
Should  either  or  both  of  those  designated  to  be  the  judge  be 
absent,  the  person  named  for  alternate  Judge  shall  be  Judge; 

in  case^of  ab-  if  from  any  cause  both  the  persons  named  by  either  or  both 
political  parties  should  be  absent  a  majority  of  the  voters  then 
present  may  elect  such  judge  or  judges  in  such  a  manner  as  at 
the  time  may  be  deemed  most  expedient  for  ascertaining  the 
sense  of  the  majority;  the  person  or  persons  so  chosen  shall  be 
of  the  same  political  party  as  those  persons  in  whose  place  they 
are  respectively  chosen. 


When  Alter- 
nate Judge 
to  act 


sence  of  Judges 
who  to  act 


Political 
complexion 


Refusal  to 
serve 


Penalty 


Section  11.  If  any  person  chosen  to  be  a  Judge  of  an  elec- 
tion in  any  election  district,  shall  refuse  to  serve  he  shall  forfeit 
and  pay  to  the  State  a  fine  of  fifty  dollars  upon  conviction  thereof 
by  indictment  in  the  Court  of  General  Sessions  in  the  county 
where  such  offense  is  committed. 


oath  of  judge  Section  12.  Before  opening  the  election  the  inspector  or 

other  officer  authorized  by  law  to  hold  the  election,  and  judges, 
shall  each  take  an  oath  or  affirmation  according  to  the  form 
prescribed  in  Section  7.  Such  oath  to  be  administered  to  the 
Judges  by  the  Inspector  or  other  officer  authorized  by  law  to 
hold  the  election  and  by  one  of  them  to  him  and  they  shall  each 

signing  oaths  after  taking  such  oath  or  affirmation  sign  one  of  the  written  or 
printed  forms  thereof  delivered  to  the  Inspector  or  other  officer 
authorized  by  law  to  hold  the  election,  by  the  Sheriff  of  the 
county  as  provided  in  Section  7,  that  is  to  say:  The  form  dis- 
tinguished as  No.  1  shall  be  signed  by  the  Inspector  or  other 
officer  authorized  by  law  to  hold  the  election,  his  name  being 
first  inserted  in  the  blank;  the  form  No.  2  shall  be  signed  by  one 
of  the  Judges,  his  name  being  first  inserted  in  the  blank,  and  the 
form  No.  3  shall  be  signed  by  the  other  Judge  his  name  being 
first  inserted  in  the  blank,  before  signing  the  said  forms,  it  shall 
be  ascertained  whether  the  Inspector  or  other  officer  authorized 
by  law  to  hold  the  election  or  either  of  the  Judges  conscientiously 
refuse  to  take  an  oath,  and  in  case  of  such  conscientious  refusal 
the  form  for  the  person  so  refusing  shall  be  made  correct  by 

Affirmation  effacing  the  words  "swear  or"  in  the  beginning,  and  "so  help  me 
God"  in  the  end  of  the  form,  but  as  to  the  person  who  shall  not 


61 

conscientiously  refuse  to  take  an  oath  the  form  shall  be  made 

correct  by  effacing  the  words  "or  affirm"  in  the  beginning,  and 

the  words  "or  so  I  solemnly  affirm"  at  the  end  of  the  form.    The 

Inspector  or  other  officer  authorized  by  law  to  hold  the  election 

and  Judges  shall  also  sign  the  certificate  of  their  qualifications  Signing  of  oath 

as  written  or  printed  upon  the  sheet  containing  the  aforesaid  by 

forms. 

Section  13.     Each  of  the  said  Judges  after  being  duly  quali-  §er°kssing 
fied  shall  choose  one  clerk  of  the  election,  to  whom  the  Inspector 
or  other  officer  authorized  by  law  to  hold  the  election,  or  one 
of  the  Judges  shall  administer  an  oath  or  affirmation  as  follows  :  Oath 

You  do  solemnly  swear  (or  affirm)  that  as  clerk  of  this  elec-  Form  of  oath 
tion  you  will  not  use  or  assent  to  any  falsehood,  fraud  or  deceit, 
and  that  you  will  keep  the  polls  and  perform  your  duties  truly,- 
faithfully  and  impartially,  so  help  you  God  (or  so  you  solemnly  Additional 
affirm.)      If  in  reading  the  votes  and  keeping  the  tally  lists,  itclerks 
shall  become  necessary  to  appoint  one  or  more  additional  clerks 
the  Inspector  or  other  officer  authorized  by  law  to  hold  the  elec- 
tion and  Judges  may   do   so,    administering   to   each   clerk   so 
appointed  the  foregoing  oath  or  affirmation,  no  other  certificate  Oath 
need  be  made  of  the  oath  or  affirmation  administered  to  the  clerks 
than  that  contained  in  the  form  of  the  certificate  of  election 
prescribed  in  the  sixth  section. 


Section  14.     Before  opening  the  election  the  Inspector  or  bSoftoxes  °f 
other  officer  authorized  by  law  to  hold  the  election  and  Judges 
shall  also  examine  the  ballot  box  provided  with  a  lock  and  key, 
and  see  that  the  same  contains  nothing.     The  box  shall  then  be 
locked  and  the  key  delivered  to  one  of  the  Judges,  who  shall  ^homddeii£ 
keep  the  same,  and  the  box  shall  be  kept  by  the  Inspector  orered,  by  whom 
other  officer  authorized  by  law  to  hold  the  election  or  the  other  kept 
Judge  so  that  the  person  having  the  key  shall  not  have  possession 
of  the  box  till  the  same  shall  be  opened  as  hereinafter  directed. 


Section  15.     The  Inspector  or  other  officer  authorized  by 
law  to  hold  the  election,  and  Judges  of  the  election  and  the  Clerk  same  room 
shall  during  the  time  of  the  election  being  open  be  and  continue  alc 
in  a  room  or  place  by  themselves,  separate  from  the  other  electors, 
and  no  persons  other  than  such  inspector  or  other  officer  author- 
ized by    law  to  hold  the  election,  Judges  and  Clerk,  during  the 
time  of  the  election  being  open  shall  be  admitted  within  su 
room  or  place  without  the  unanimous  consent  of  the  Inspector 
or  other  officer  authorized  by  law  to  hold  the  election  and  the 
Judges,  and  if  any  person  shall  enter  such  room  or  place  without  others 
such  consent  such  person  shall  be  deemed  guilty  of  a  misde-en 


62 


Misdemeanor    meanor  and  upon  conviction  thereof,  shall  be  fined  not  less  than 
Penalty  five  hundred  nor  more  than  one  thousand  dollars,  or  be  impris- 

oned for  a  term  not  less  than  one  nor  more  than  two  years,  or 

both  at  the  discretion  of  the  Court. 

0  roomin  Section  16.  The  Inspector  or  other  officer  authorized  by 
law  to  hold  the  election,  the  Judges  chosen  as  provided  in  Sec- 
tion 10  of  this  Act  and  the  Clerk  chosen  as  provided  in  Section 
13  of  this  Act,  shall  be  the  only  persons  who  may  lawfully  enter 
the  voting  room  or  place  where  the  election  is  held,  except  as 
hereinbefore  provided;  and  if  any  person  or  persons  shall  enter 
the  voting  room  or  place  where  the  election  is  held  before  the 
hour  of  opening  the  polls  on  the  day  of  election  or  at  the  time 
of  opening  the  election,  or  at  any  time  during  the  day  of  the 
election  and  before  the  hour  of  closing  the  election  or  attempt 
to  enter  the  same  for  the  purpose  or  interfering  with  the  election 
interference,  officers  in  the  discharge  of  their  duties  as  such  or  for  any  purpose, 
disturbance'  or  or  shall  attempt  to  molest,  disturb,  or  prevent  the  election  offi- 
cers from  proceeding  regularly  with  any  general  or  special  elec- 
tion, or  shall  take  charge  or  attempt  to  take  charge  of  any  vot- 
ing room  or  place  where  the  election  is  held  within  the  time 
herein  mentioned  for  the  purpose  of  preventing  or  delaying  an 
election,  or  for  any  other  purpose  on  election  day  such  person 
or  persons  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon 
conviction  thereof  shall  be  fined  not  less  than  five  hundred  nor 
more  than  one  thousand  dollars,  and  shall  be  imprisoned  for  a 
term  not  exceeding  three  years,  provided  that  a  single  represen- 
Dative  of  each  political  party,  having  nominated  a  ticket,  and 
such  party  being  represented  on  the  ballot  then  printed  for  any 
general  or  special  election,  may  at  the  opening  of  the  election  be 
present  to  aid  in  the  proper  qualification  of  the  several  election 
officers,  but  as  soon  as  the  election  officers  shall  be  qualified  or 
ready  to  open  the  election,  or  the  proper  hour  therefor  having 
arrived  such  representatives  of  each  political  party  shall  imme- 
TO  retire  when  djately  retire  from  the  voting  'room  or  the  place  where  the  election 
is  held. 


Penalty 


to  be  present 


ingureie°cftionen~ 


BV  whom 


Voting 


Section  17.  The  general  election  shall  be  opened  in  every 
election  district  of  the  State  on  the  Tuesday  next  after  the  first 
Monday  in  the  month  of  November  in  the  year  in  which  the 
same  is  held,  between  the  hours  of  *eight  and  nine  o'clock  in  the 
morning,  by  the  inspector,  or  other  officer  authorized  by  law  to 
hold  the  election,  making  proclamation  that  the  same  is  open. 

Section  18.  Each  qualified  elector  shall  deliver  a  single 
ballot  which  shall  conform  to  the  requirements  of  the  law  of  this 
State  as  to  ballots  for  any  general  or  special  election,  containing 
the  names  of  persons  voted  for  to  the  Inspector  or  other  officer 


Amended.     Sec  Chapter  57,  Volume  23. 


63 

authorized  by  law  to  hold  the  election,  who  shall  audibly  pro- 
nounce the  name  of  the  elector,  which  shall  be  entered  in  words  ^try  ^ 
at  length  upon  a  list  of  polls  to  be  kept  by  each  of  the  clerks 
whom  the  judges  shall  direct  to  that  duty,  and  one  of  the  judges 
shall  write  against  it,  on  the  alphabetical  list  as  contained  in  the 
"Book  of  Registered  Voters"  delivered  by  the  Registrar  to  the 
Inspector  or  other  officer  authorized  by  law  to  hold  the  election,  Ballots  not  to 
the  word  "voted".      There  shall  be  no  examination  of  a  ballot  e 
except  to  determine  that  it  is  single ;   and  the  Inspector  or  other  r 
officer  authorized  by  law  to  hold  the  election  shall,  immediately  T 
after  pronouncing  the  elector's  name  put  the  ballot  into  the  box 
in  his  presence,  unless  the  vote  shall  be  objected  to. 


Section  19.  The  Inspector  or  other  officer  authorized  by 
law  to  hold  the  election,  shall  not  at  any  election  receive  or  deposit  eceived 
in  the  ballot  box  the  ballot  of  any  person  offering  to  vote  until 
his  name  shall  have  been  found  in  the  list  of  registered  voters 
as  contained  in  the  Book  of  Registered  Voters  delivered  to  him 
for  the  purposes  of  said  election,  and  the  Judges,  or  a  majority 
of  them  shall  be  satisfied  that  the  person  so  offering  to  vote  is 
the  person  named  in  said  list;  but  no  objection  to  the  vote  of  any 
person  whos3  name  shall  have  been  found  on  said  list  as  contained 
in  said  Book  of  Registered  Voters  shall  be  entered  or  consid- 
ered by  the  Judges  of  the  elections  except  for  the  following  rea- 
sons, to  wit : 

First.     That  he  is  not  the  person  whose  name  appears  m 
said  Book  of  Registered  Voters. 

Second.     That  he  has  become  disqualified  as  a  voter  since 
he  was  registered. 

If  a  vote  be  objected  to  for  any  of  the  reasons  above  men-  S 
tioned  its  admission  or  rejection  shall  be  determined  according 
to  the  opinion  of  a  majority  of  the  judges ;  and 

Third.  That  no  person  who  shall  receive  or  accept  or  offer  Briberv 
to  receive  or  accept  or  shall  pay,  transfer  or  deliver,  or  offer  or 
promise  to  pay,  transfer  or  deliver,  or  shall  contribute,  or  offer 
or  promise  to  contribute  to  another  to  be  paid  or  used  any  money 
or  other  valuable  thing  as  a  compensation,  inducement  or  reward 
for  the  registering  or  abstaining  from  registering  of  any  one 
qualified  to  register,  or  for  the  giving  or  withholding  or  in  any 
manner  influencing  the  giving  or  withholding  a  vote  at  any  gen- 
eral election  in  this  State,  shall  vote  at  such  election  unless  such 
person  being  challenged  for  any  of  said  causes,  shall  take  and 
subscribe  to  the  following  oath  or  affirmation  which  shall  be 
administered  by  the  Inspector  or  other  officer  authorized  by  law 
to  hold  the  election : 


64 


Oath 


I,  ,  do  solemnly  swear  (or  affirm)  that 

I  have  not  received  or  accepted,  or  offered  to  receive  or  accept, 
paid,  or  transferred  or  delivered,  or  offered  or  promised  to  pay, 
transfer  or  deliver,  or  contributed  or  offered  or  promised  to  con- 
tribute to  another  to  be  paid  or  used  any  money  or  other  valua- 
ble thing  as  compensation,  inducement  or  reward  .for  the  regis- 
tering or  abstaining  from  registering  of  any  one  qualified  to 
register,  or  for  the  giving  or  withholding  a  vote  at  this  election. 
Signed 

Sworn  and  subscribed  to  before  me  this day 

of  November,  A.  D.,  189 


Inspector. 


Oaths  to  be 

conclusive 
evidence 


Such  oath  or  affirmation  shall  be  conclusive  evidence  to  the 
election  officers  of  the  truth  of  such  oath  or  affirmation,  but  if 
any  such  oath  or  affirmation  shall  be  false,  the  person  making 
the  same  shall  be  guilty  of  perjury,  and  no  conviction  thereof 
shall  bar  any  prosecution  under  Section  8  of  Article  V  of  the 
Constitution  of  this  State.  In  order  to  enable  the  election  officers 
to  carry  into  effect  the  provisions  of  this  Section,  the  Sheriff 
Book  of  oaths  o£  eacfa  county  shall  cause  to  be  prepared  a  book  containing  not 
less  than  five  hundred  blank  forms  of  the  oath  or  affirmation 
provided  for  in  this  Section,  and  shall  cause  one  of  said  books 
to  be  delivered  to  the  Inspector  or  other  officer  authorized  by 
law  to  hold  the  election  in  each  of  the  election  districts  of  his 
county  at  the  time  provided  in  Section.  3  of  this  Act.  Such  oath 
or  affirmation  when  signed  and  attested  as  herein  provided, 
shall  be  competent  evidence  in  any  proceeding  against  the  party 
making  the  same. 


Delivery  of 


Oath   to  be 
evidence 


Closing  elec- 
tion 


Section  20.  The  election  shall  be  continued  open  until  six 
o'clock  in  the  afternoon  when  it  shall  be  closed.  The  Inspector 
or  other  officer  authorized  by  law  to  hold  the  election,  shall  one- 
half  hour  before  closing  the  election  make  proclamation  that  the 
same  will  be  closed  in  that  time. 


Counting   of 
votes 


Section  21.  When  the  election  shall  be  closed  the  Inspector 
or  other  officer  authorized  by  law  to  hold  the  election,  and  Judges, 
shall  openly  and  publicly  unlock  the  box  containing  the  ballots, 
and  shall  remove  the  lid  so  far  as  that  the  ballots  can  be  taken 
separately  from  the  box,  one  of  the  Judges  shall  keep  in  his  cus- 
tody the  said  box,  while  another  shall  publicly,  in  the  presence 
of  the  other  Judges  and  such  of  the  electors  as  shall  think  proper 
to  be  present  take  the  ballots  one  by  one  from  the  box  and  read 
the  same.  When  a  ballot  shall  be  read,  it  shall  be  put  into  the 
other  box  delivered  by  the  Sheriff  to  the  Inspector  or  other  offi- 
cer authorized  by  law  to  hold  the  election,  as  provided  in  the 


65 

third  section,  it  being  first  seen  that  the  said  box  contains  noth- 
ing, and  the  same  being  kept  during  the  reading  in  the  posses- 
sion of  one  of  the  Judges;  and  two  clerks  at  least  shall  keep 
accurate  count  of  the  ballots  as  they  are  read,  which  shall  be 
done  on  such  tally  lists  as  aforesaid,  by  writing  the  name  of  every 
person  voted  for  in  the  margin  under  a  designation  of  the  office 
for  which  the  Vote  is  given  to  him,  and  making  a  distinct  dot 
with  a  pen  in  the  squares  in  the  row  against  such  name  for  every 
vote  such  person  shall  receive  for  the  same  office,  and  each 
square  when  full  shall  contain  five  rows  of  dots,  each  row  con- 
sisting of  five  dots  and  each  clerk  shall  upon  reading  of  the 
name  repeat  it  with  the  number  of  the  dots  'n  the  row  pronounc- 
ing at  the  last  dot  in  the  square  "tally  full",  and  at  the  first 
dot  of  the  succeeding  square  "one  of  a  new",  if  the  same  person 
shall  be  voted  for  for  different  offices,  his  name  shall  be  written 
in  the  margin  for  each  office,  and  a  just  count  kept  of  the  votes 
given  to  him  for  each  office.  The  reading  and  counting  of  therupted 
votes  shall  be  continued,  without  interruption  or  adjournment 
until  completed. 

Section  22.     When  the  reading  and  counting  of  the  votes 
is  completed  the  Inspector  or  other  officer  authorized  by  law  to  Certificates    of 

•     ««.««..  1    T     t  1     11    r        1       •   1  i      •  result,  signing 

hold  the  election  and  Judges  shall  forthwith  make  and  sign  three 

certificates  of  the  election  in  their  election  districts  according  to 

the  form  prescribed  in  Section  6  stating  every  office  for  persons  Form 

to  fill  which  votes  shall  have  been  given  at  said  election,  the 

name  of  every  person  to  whom  any  vote  shall  have  been  given 

for  such  office,  and  the  number,  in  words  at  length,  of  votes  given 

to  such  person  for  the  said  office.       The  said  certificates  shall  Certificate  to 

be  put  in  separate  envelopes,  which  shall  be  furnished  by  the 

Sheriff,  and  said  envelopes  shall  be  endorsed  on  the  face  thereof 

with  the  words  "Certificate  of  the  votes  cast  in.  .  Entrv  on 

..       ..-,..-  .  envelopes 

election  district  of Representative .  . 

District  at  the  general  election  in county,  A. 

D ,"  and  on  the  back  of  each  envelope  after  the  same  Election 

shall  have  been  sealed,  the  Inspector  or  other  officer  authorized  °ffi?ers  to  write 

,«  1      1  1      1  1         •  t    T     i  •  their  names  on 

by  law  to  hold  the  election  and  Judges  shall  respectively  write  the  sealing 
their  names  crosswise  the  sealing. 

The  tally  lists  shall  be  signed  by  the  Inspector  or  other  Signing  of 
officer  authorized  by  law  to  hold  the  election,  Judges  and  Clerks, tallylii 
and  deposited  with  one  of  said  envelopes  containing  a  certifi- Deposit 
cate  in  the  box  into  which  the  ballots  shall  have  been  put  when 
read  and  the  lid  of  said  box  shall  be  secured  by  tape  crossed  Securing  and 
and  sealed  with  sealing  wax  by  one  of  the  Judges  not  being  theDe0axlmg  l! 
Inspector  or  other  officer  authorized  by  law  to  hold  the  elec- 
tion, one  of  the  said  envelopes  containing  a  certificate  and 
ballot  boxes  shall  be  kept  by  the  Inspector  or  other  officer  author-  ° 


66 

ized  by  law  to  hold  the  election,  the  other  and  remaining  envel- 
ope containing  a  certificate  shall  be  kept  by  one  of  the  Judges 
not  being  of  the  same  political  party  as  the  Inspector  or  other 
officer  authorized  bv  law  to  hold  the  election. 


SrtificSes°fand  "Section  23.  The  presiding  election  officer, of  each  election 
ballot  box  district  in  the  respective  counties  of  the  State,  on  the  day  next 
after  the  general  election,  shall  deliver  one  of  the  envelopes  con- 
taining a  certificate  of  the  election,  made  and  certified  as  here- 
inbefore required,  together  with  the  ballot  box  or  ballot  boxes 
containing  the  ballots  and  other  papers  required  by  law  to  be 
placed  therein  to  the  Prothonotary  of  the  Superior  Court  of  the 
county  who  shall  at  twelve  o'clock  noon  on  the  second  day  after 
the  election  present  the  same  to  the  said  court  and  the  election 
officer  having  charge  of  any  other  certificate  of  the  election  shall 
at  the  same  time  present  the  same  to  the  said  Court,  and  the 
said  Court  shall  at  the  same  time  convene  for  the  performance 
Duty  of  Court  of  the  duties  hereby  imposed  upon  it;  and  thereupon  the  said 
Court  with  the  aid  of  such  of  its  officers  and  such  sworn  assis- 
tants as  it  shall  appoint  shall  publicly  ascertain  the  state  of  the 
election  throughout  the  county  and  in  the  respective  hundreds 
and  election  districts,  by  calculating  the  aggregate  amount  of 
all  the  votes  for  each  office  that  shall  have  been  given  in  all  the 
hundreds  and  election  districts  of  the  county  for  every  person 
voted  for  for  such  office. 


To  whom 
delivered 


Delivery    to 
Court 


Canvass    of 
election 


toro53?tCourt  For  the  purposes  of  this  Section  the  Superior  Court  shall 
consist  in  New  Castle  County  of  the  Chief  Justice  and  the  Resi- 
dent Associate  Judge;  in  Kent  County  of  the  Chancellor  and 
the  Resident  Associate  Judge;  and  in  Sussex  County  of  the 
Resident  Associate  Judge  and  the  remaining  Associate  Judge, 
who  shall  for  the  purpose  of  this  Act  be  a  Board  of  Canvass 
for  the  respective  counties  of  this  State;  and  in  case  the  certifi- 
cates of  election  of  any  election  district  in  the  county  shall  not 
be  produced  or  in  case  the  certificates  produced  do  not  agree  or 
in  case  of  conplaint  under  oath  of  fraud  or  mistake  in  any  such 
certificates  or  in  case  of  fraud  or  mistake  is  apparent  on  the  face 
of  any  such  certificate  the  Court  shall  have  the  power  to  issue 
summary  process  against  the  election  officers  of  such  election 
district  or  any  other  persons  to  bring  them  forthwith  into  Court 
with  the  election  papers  in  their  possession  or  under  their  con- 

SSesin8  ballot  tro^'  anc^  to  °Pen  tne  ballot  boxes  and  take  therefrom  any  paper 
contained  therein,  and  to  make  a  recount  of  the  ballots  con- 
tained therein,  and  to  correct  any  fraud  or  mistake  in  any 
certificate  or  paper  relating  to  such  election. 


Court  to   be 
Board  of 
Canvass 


Powers  of 
Court 


Section  24.     If  the  presiding  election  officer  of  any  election 


Death,  sickness 

presiding   eiec-  district  after  the  election  shall  die  or  be  prevented  bv  sickness 

tion  officer 


,67 

or  accident  from  delivering  the  certificate  of  election,  together 
with  the  ballot  box  or  ballot  boxes  containing  the  ballots  and 
other  papers  required  by  law  to  be  placed  therein  to  the  Pro- 
thonotary  of  the  Superior  Court  of  the  county,  as  required  in 
the  preceding  section,  the  said  certificate  of  election  and  ballot  ^tnedsinegt-ccertifi- 
boxes  for  his  election  district  shall  be  sent  by  safe  and  secure 
conveyance  (for  the  safety  of  which  the  presiding  election  offi- 
cer or  his  executors  or  administrators  or  heirs  shall  be  respon- 
sible to  the  Prothonotary  on  the  day  next  succeeding  the  day  of 
the  general  election. 

Section  25.     After  the  state  of  the  election  shall  have  been feesrut1itficates  of 
ascertained  by  calculating  the  votes  as  aforesaid  the  said  Superior 
Court   shall  make   under  the  seal  of  sa'.d  court   the  following 
certificates,  to  wit: 

Three  certificates  of  the  election  of  electors  of  President 
and  Vice-President  of  the  United  States,  certifying  in  words  at 
length  the  number  of  votes  given  for  every  person  voted  for, 
for  that  office. 

Four  certificates  of  the  election  of  Governor,  certifying  in 
words  at  length,  the  number  of  votes  given  for  every  person 
voted  for,  for  that  office. 

Fou\r  certificates  of  the  election  of  Lieutenant  Governor,  cer- 
tifying in  words  at  length,  the  number  of  votes  given  for  every 
person  voted  for,  for  that  office. 

Two  certificates  of  the  election  of  a  representative  or  repre- 
sentatives as  the  case  may  be,  of  this  State  in  the  House  of 
Representatives  of  the  United  States  in  Congress,  certifying  in 
words  at  length,  the  number  of  votes  given  for  every  person 
voted  for.  for  that  office. 

Four  certificates  of  the  election  of  Attorney-General,  certi- 
fying in  words  at  length,  the  number  of  votes  given  for  every 
person  voted  for,  for  that  office. 

Four  certificates  of  the  election  of  Insurance  Commissioner, 
'certifying  in  words  at  length,  the  number  of  votes  given  for  every 
person  voted  for,  for  that  office.  : 

Four  certificates  of  the  ejection  of  State  Treasurer,  certify- 
ing in  words- at  length,  the  number  of  votes  given  for  every  person 
voted  for,  for  that  office. 

Four  certificates  of  the  election  of  Auditor  of  Accounts,  cer- 
tifying in  words  at  length,  the  number  of  votes  given  for  every 
person  voted  for,  for  that  office. 


68 

Two  certificates  of  the  election  of  a  Senator  for 

Senatorial  District  of  the  County  in  the  General  Assembly. 

Two   certificates   of  the   election  of   a   Representative   for 

Representative  District  of  the  county  in  the 

General  Assembly. 

Two  certificates  of  the  election  of  Prothonotary. 
Two  certificates  of  the  election  of  Clerk  of  the  Peace. 
Two  certificates  of  the  election  of  Register  of  Wills. 
Two  certificates  of  the  election  of  Recorder. 
Two  certificates  of  the  election  of  Register  in  Chancery. 

Two  certificates  of  the  election  of  Clerk  of  the  Orphans' 
Court. 

One  certificate  of  the  election  of  Levy  Court  Commissioners 
for Levy  Court  District  (New  Castle  County). 

One  certificate  of  the  election  of  Levy  Court  Commissioner 
for Representative  District  (Kent  County) . 

One  certificate  of  the  election  of  Levy  Court  Commissioners 
or  of  such  of  said  officers  as  shall  have  been  voted  for  at  the 
said  election. 

One  certificate  of  the  election  of  County  Treasurer. 

One  certificate  of  the  election  of  Receiver  of  Taxes  and 
County  Treasurer. 

One  certificate  of  the  election  of  County  Comptroller. 
Two  certificates  of  the  election  of  Sheriff. 
Two  certificates  of  the  election  of  Coroner. 

One  certificate  of  the  election  of  Assessor  for 

Assessment  District  or  Hundred  (in  New  Castle  County). 

One  certificate  of  the  election  of  Assessor  for 

Representative  District  (in  Kent  County). 

One  certificate  of  the  election  of  Assessor  for 

Hundred  (in  Sussex  County) . 

One  certificate  of  the  election  of  Inspector  for 

Election  District  of Representative 

District. 


69 

One  certificate  of  the  election  of  Road  Commissioners  for 
Hundred  (New  Castle  County)  . 


The  said  Superior  Court  shall  inclose  and  seal  up  each  o 
said  certificates  separately  in  an  envelope,  with  an  endorsement 
thereon  describing  the  certificates  inclosed.      Upon  the  paper  Endorsement 
inclosing  the  certificates  of  the  election  of  Senator  or  Representa- 
tive in  the  General  Assembly,  the  name  of  the  person  chosen  shall 
be  endorsed.     The  said  Court  shall  deliver  the  ballot  boxes  to 
the  Sheriff  of  the  countv,  to  be  by  him  kept  and  delivered  as  Delivery  of 

1  .,        .  ballot   boxes 

required  by  law.  to  sheriff 

Section  26.     The  aforesaid  certificates  may  be  according  tofe°^c°ftes 
the  following  form,  to  wit: 

The  State  of  Delaware  ............  County,  ss. 

Be  it  remembered,  that  at  the  general  election  held  on  the 
Tuesday  next  after  the  first  Monday  in  November,  in  the  year 
of  our  Lord  one  thousand  ............  hundred  and  ........... 

for  ................  County,  accodring  to  the  Constitution  and 

laws  of  the  State  of  Delaware  (here  insert,  to  wit:  If  the  certifi- 
cate be  of  an  election  of  electors  of  President  and  Vice-President, 
of  Governor,  of  Lieutenant  Governor,  of  Representative  in 
Congress,  of  Attorney  General,  of  Insurance  Commissioner,  of 
State  Treasurer,  of  Auditor  of  Accounts,  the  number  in  words 
at  length  of  votes  given  for  each  person  voted  for,  for  said  respec- 
tive offices  ;  if  the  certificate  be  of  an  election  of  Senator  or  Rep- 
resentative in  the  General  Assembly,  or,  of  Prothonotary,  of 
Clerk  of  the  Peace,  of  Register  of  Wills,  of  Recorder,  of  Reg- 
ister in  Chancery,  of  Clerk  of  the  Orphans'  Court,  of  Levy  Court 
Commissioner  or  Commissioners,  of  County  Treasurer,  of  Re- 
ceiver of  Taxes  and  County  Treasurer,  of  County  Comptroller, 
of  Sheriff,  of  Coroner,  of  Assessor,  of  Inspector  or  of  Road  Com- 
missioner, the  names  of  the  persons  elected),  which  is  mani- 
fest by  calculating  and  ascertaining  the  aggregate  amount  of 
all  votes  given  for  each  person  voted  for  in  all  the  hundreds 
and  election  districts  of  the  county,  according  to  the  provisions 
made  by  law  in  this  behalf. 

In  testimony  whereof,  we    ..............  and  ............ 

constituting  the  Superior  Court  for  ..........  County,  who  have 

met  and  ascertained  the  state  of  the  election  throughout  the 
said  county,  as  the  law  requires,  have  hereunto  set  our  hands 
and  caused  the  seal  of  the  said  Superior  Court  to  be  hereunto 
affixed  at  the  Court  House  in  said  county,  on  this  ..........  day 

of  November,  A.  D. 


70 

filling  ?P°f  ^nd  the  manner  of  making  the  insertion  aforesaid  may  be 

certificates  as  follows,  to  Wit : 

IN   CASE   OF   ELECTORS   OF   PRESIDENT  AND   VICE- 
PRESIDENT. 

votes  were  given  for for  Elector 

.„ votes  were  given  for for  Elector 

and  so  on,  naming  each  person  voted  for. 

IN   CASE   OF   GOVERNOR. 

votes  were  given  for for  Governor 

votes  were  given  for for  Governor 

and  so  on,  naming  each  person  voted  for. 

IN   CASE   OF   LIEUTENANT   GOVERNOR. 

votes  were  given  for for  Lieutenant  Governor 

votes  were  given  for for  Lieutenant  Governor 

and  so  on,  naming  each  person  voted  for. 

IN   CASE   OF   REPRESENTATIVE   TO   CONGRESS. 

.  .  .  .votes  were  given  for for  Representative  to  Congress 

.votes  were  given  for for  Representative  to  Congress 

and  so  on,  naming  each  person  voted  for. 

IN  CASE  OF  ATTORNEY  GENERAL. 

votes  were  given  for for  Attorney  General 

votes  were  given  for for  Attorney  General 

and  so  on,  naming  each  person  voted  for. 

IN   CASE   OF   INSURANCE   COMMISSIONER. 

votes  were  given  for for  Insurance  Commissioner 

votes  were  given  for for  Insurance  Commissioner 

and  so  on,  naming  each  person  voted  for. 

IN   CASE   OF   STATE   TREASURER. 

votes  were  given  for for  State  Treasurer 

votes  were  given  for.  .  . for  State  Treasurer 

and  so  on,  naming  each  person  voted  for. 

IN   CASE   OF  AUDITOR   OF  ACCOUNTS. 

votes  were  given  for for  Auditor  of  Accounts 

votes  were  given  for for  Auditor  of  Accounts 

and  so  on,  naming  each  person  voted  for. 


71 
IN   TASK  OF  SENATORS  TO  GENERAL  ASSEMBLY. 

was  duly  elected  Senator  for  the 

Senatorial  district  for  said  county  in  the  General 

Assembly;   and  so  on  giving  certificates  for  each  Senator  elected 

in  the  respective  Senatorial  Districts  of  the  county;   and 

was   duly   elected   Senator  for 

the Senatorial  District  for  said  county  in 

lieu  of late  Senator  for  said  Senatorial  Dis- 
trict of  said  county  in  the  General  Assembly;  and  so  on  giving 
certificates  for  each  Senator  elected  in  lieu  of  any  other  Sena- 
tor for  any  Senatorial  District  for  said  county  in  the  General 
Assembly. 

IN   CASE   OF   REPRESENTATIVES  TO   GENERAL 
ASSEMBLY. 

was  duly  elected  Representative  for  the 

Representative  District  for  said  county  in  the 

General  Assembly;  and  so  on,  giving  certificates  for  each  Rep- 
resentative elected  in  the  respective  Representative  Districts  of 
the  county. 

IN   CASE   OF   PROTHONOTARY. 
.  .  .was  duly  elected  Prothonotary  for 


County. 

IN   CASE   OF   CLERK  OF   THE   PEACE. 

was  duly  elected  Clerk  of  the  Peace  for 

County. 

IN   CASE  OF  REGISTER  OF  WILLS. 

was  duly  elected  Register  of  Wills  for 

County. 

IN   CASE   OF   RECORDER. 

was  duly  elected  Recorder  for 

County. 

IN   CASE  OF  REGISTER  IN   CHANCERY. 

was  duly  elected  Register  in  Chancery  for 

County. 

IN  CASE  OF  CLERK  OF  THE  ORPHANS'  COURT. 

was  duly  elected  Clerk  of  the  Orphans'   Court  for 

County. 


72 

IN  CASE  OF  LEVY  COURT  COMMISSIONERS  FOR  NEW 
CASTLE   COUNTY. 

was   duly   elected   Levy   Court   Commissioner   for 

District  in  said  county ;  and  so  on,  giving  a  cer- 
tificate for  each  Levy  Court  Commissioner  elected  in  each  dis- 
trict in  said  county. 

IN    CASE    OF   LEVY   COURT   COMMISSIONERS   FOR 
KENT   COUNTY. 

was  duly  elected  Levy  Court  Commissioner  for 

Representative  District  in  said  county;   and  so  on, 

giving  a  certificate  for  each  Levy  Court  Commissioner  elected 
in  each  Representative  District  in  said  county. 

IN  CASE  OF  LEVY  COURT  COMMISSIONERS  FOR 
SUSSEX   COUNTY. 

was  duly  elected  Levy  Court  Commissioner  for 

Hundred  in  said  county,  and  so  on,  for  each  Levy 

Court  Commissioner  elected  for  any  hundred  in  the  county. 

IN  CASE  OF  COUNTY  TREASURER  (IN  KENT  AND 
SUSSEX   COUNTY). 

was  duly  elected  County  Treasurer  for 

County. 

IN  CASE  OF  RECEIVER  OF  TAXES  AND  COUNTY 
TREASURER   (IN   NEW   CASTLE   COUNTY). 

was  duly  elected  Receiver  of  Taxes  and  County 

Treasurer  for  said  county. 

IN   CASE   OF   COUNTY   COMPTROLLER  (IN   NEW 
CASTLE   COUNTY). 

was   duly   elected   County   Comptroller   for   New 

Castle  County. 

IN   CASE   OF   SHERIFF. 

.- was  duly  elected  Sheriff  for County. 

IN   CASE   OF   CORONER. 

was  duly  elected  Coroner  for 

County. 


73 

IX    CASE   OF   ASSESSOR   IN   THE   CITY   OF   WIL- 
MINGTON. 

was   duly  elected  Assessor  for 

Assessment  District  of  the  City  of  Wilmington,  and  so  on,  giv- 
ing certificates  for  each  Assessor  elected  in  the  respective  assess- 
ment districts  in  the  City  of  Wilmington. 

IX  CASE  OF  ASSESSOR  IN  NEW  CASTLE  COUNTY  OUT- 
SIDE  THE   CITY  OF  WILMINGTON. 

was  duly  elected  Assessor  for 

Hundred  in  said  county,  and  so  on,  giving 

certificates  for  each  Assessor  elected  in  the  respective  Hundreds 
of  said  county. 

IN   CASE   OF  ASSESSOR   IN   KENT   COUNTY. 

was  duly  elected  Assessor  for 

Representative  District  in  said  county,  and  so  on,  giving  cer- 
tificates for  each  Assessor  elected  in  the  respective  Representative 
Districts  in  said  county. 

IX   CASE   OF   ASSESSOR   IN   SUSSEX   COUNTY. 

was  duly  elected  Assessor  for 

Hundred  in  said  county,  and  so  on,  giving  certificates  for  each 
Assessor  elected  in  the  respective  Hundreds  of  said  county. 

IX   CASE  OF  INSPECTOR  OUTISDE  OF  THE  CITY  OF 
WILMINGTON. 

was  duly  elected  Inspector  for 

Election  District  of Representative  Districts 

for County,   and  so  on,  giving  certificates 

for  each  Inspector  elected  in  each  election  district  in  each  Rep- 
resentative District  for  the  respective  counties. 

IN   CASE   OF  ROAD   COMMISSIONERS  FOR  NEW  CAS- 
TLE  COUNTY. 

was  duly  elected  Road  Commissioner  for 

Hundred  of  said  county,  and  so  on,  giving 

certificates  for  each  Road  Commissioner  elected  in  said  county. 

Section  27.     If,  by  reason  of  an  equal  number  of  votes  hav-Tie  votes 
ing  been  cast  for  two  or  more  persons  for  the  office  of  Senator 
or  Representative  in  the  General  Assembly,  Prothonotary,  Clerk 
of  the  Peace,  Register  of  Wills,  Recorder,  Register  in  Chancery, 


74 


Hvered  to 
Governor 


de- 


Delivery  of 
certificates  of 
election  by 
Court 


Duplicate 
returns 


Delivery  of 


Clerk  of  the  Orphans'  Court,  Levy  Court  Commissioners,  County 
Treasurer,  Receiver  of  Taxes  and  County  Treasurer,  County 
Comptroller,  Sheriff,  Coroner,  Assessor,  Inspector  or  Road  Com- 
missioner (for  New  Castle  County),  it  shall  appear  to  the  said 
Court  that  a  vacancy  will  occur  in  said  office,  a  certificate  of 
such  fact  shall  thereupon  be  made  under  the  hands  of  the  said 
Superior  Court,  and  under  the  seal  of  said  Court,  which  certifi- 
cate shall  be  transmitted  by  the  said  Court  to  the  Governor, 
and  the  aforesaid  certificate  of  election  shall  be  delivered  as 
hereinafter  is  provided. 

Section  28.  The  said  Superior  Court,  shall  within  three 
days  after  making  the  certificates  of  the  election  for  Electors 
of  President  and  Vice-President,  either  personally,  or  by  a  per- 
son deputed  by  it  for  that  purpose,  transmit,  deliver  and  lodge 
the  said  certificates  of  the  election  for  Electors  of  President  and 
Vice-President,  as  follows,  to  wit : 

One  to  the  Governor,  another  to  the  Secretary  of  State, 
and  the  other  to  the  Prothonotary  of  the  County;  and  shall 
transmit,  deliver  and  lodge  the  certificates  of  the  election  for 
Governor,  according  to  the  directions  of  the  Constitution  in  that 
behalf,  and  shall  transmit,  deliver  and  lodge  one  of  the  said 
certificates  of  the  election  for  Lieutenant-Governor  to  the  Pres- 
ident of  the  Senate,  or  in  case  of  a  vacancy  in  the  office  of  Presi- 
dent of  the  Senate,  or  his  absence  from  the  State,  to  the  Secre- 
tary of  State,  who  shall  keep  the  same  until  a  President  of  the 
Senate  shall  be  chosen,  to  whom  they  shall  be  immediately  trans- 
mitted after  his  election,  who  shall  open  and  publish  the  same 
in  the  presence  of  the  members  of  both  Houses  of  the  General 
Assembly.  Duplicates  of  the  said  returns  shall  also  be  immedi- 
ately lodged  with  the  Prothonotary  of  each  county,  and  shall 
transmit,  deliver  and  lodge  one  of  each  of  said  certificates  of 
the  election  for  Representative,  or  Representatives,  in  the  House 
of  Representatives  of  the  United  States  to  the  Governor,  and 
lodge  the  other  of  the  said  certificates  in  the  office  of  the  Clerk 
of  the  Peace  of  the  county;  and  shall  transmit,  deliver  and  lodge 
one  of  the  certificates  of  the  election  for  Attorney  General,  for 
Insurance  Commissioner,  for  State  Treasurer  and  for  Auditor 
of  Accounts  to  the  Governor  and  the  other  of  said  certificates 
in  the  office  of  the  Prothonotary  of  the  county;  and  shall  trans- 
mit and  deliver  one  of  said  certificates  of  the  election  of  Sena- 
tor and  one  of  said  certificates  of  the  election  of  Representa- 
tive in  the  General  Assembly,  in  the  office  of  the  Prothono- 
tary for  Kent  County,  and  further  shall  deliver,  on  the  first 
day  of  the  meeting  of  the  General  Assembly  after  the  election 
the  other  certificate  of  the  election  of  Senator  to  the  Senate, 
and  the  other  certificate  of  the  election  of  Representatives  to 


75 

* 

the   House  of  Representatives;    and  shall  transmit  and  deliver 

one  of  said  certificates  of  the  election  of  Pro  t  ho  notary,  of  the 

Clerk  of  the  Peace,  of  Register  of  Wills,  of  Recorder,  of  Regis- 

ter in  Chancery,  of  Clerk  of  the  Orphans'  Court,  of  Sheriff  and 

of  Coroner,  to  the  Governor  and  the  other  of  said  certificates 

to  the  Clerk  of  the  Peace  of  the  county,  except  the  one  for  Clerk 

of  the  Peace,  which  shall  be  delivered  to  the  Prothonotary  ;  and 

shall  transmit  and  deliver  the  certificate  of  the  election  of  each 

Levy  Court  Commissioner,  in  New  Castle  and  Kent  Counties, 

and  the  certificate  of  the  election  of  Levy  Court  Commissioners 

in  Sussex  County  to  the  Clerk  of  the  Peace  of  the  respective 

counties;    and  shall  transmit  and  deliver  the  certificate  of  elec- 

tion of  the  County  Treasurer,  of  Receiver  of  Taxes  and  County 

Treasurer  (in  New  Castle  County),  and  of  Comptroller  (in  New 

Castle  County),  to  the  Clerk  of  the  Peace  of  the  county;    and 

shall  transmit  and  deliver  one  of  the  certificates  of  the  elec- 

tion of  Assessor,  of  Inspector  and  of  Road  Commissioner  (in  New 

Castle  County),  to  the  Clerk  of  "the  Peace  of  the  county,  to  be 

laid  before  the  Levy  Court,  and  one  for  each  of  said  officers  to 

the  Sheriff  of  the  county  to  be  by  him  delivered  to  the  respective       eercer 

parties  cert  fied  to  have  been  elected.      The  Prothonotary  of  tain  certificates 

Kent  County  shall,  on  a,ny  day  of  the  meeting  of  the  General  A 

Assembly,  deliver,  if  required,  the  certificates  of  election  of  Sen- 

ators or  of  Representatives  to  the  order  of  the  House  to  which 

it  belongs,  or  to  the  person  named  in  the  endorsement  thereon. 


Section  29.  Each  Inspector  or  other  officer  authorized  by 
law  to  hold  the  election,  shall,  on  the  day  next  after  the  general  etc.,  to  cierkW 
election,  deliver  into  the  office  of  the  Clerk  of  the  Peace  of  his  the  Peace 
county,  the  oaths  or  affirmations  that  shall  have  been  signed 
by  the  Inspector,  or  other  officer  authorized  by  law  to  hold  the 
election  and  Judges  of  the  election  in  his  election  district,  and 
the  certificate  of  said  oaths  or  affirmations  being  administered, 
to  be  made  and  signed  as  directed  in  the  twelfth  Section  of  this 
Act,  and  the  two  lists  of  the  polls  kept  at  the  election  as  before 
directed,  and  the  Register  and  the  Book  of  Registered  Voters, 
certified  to  by  the  registration  officers,  with  the  notes  of  "voted", 
as  the  same  shall  have  been  made  in  said  last  mentioned  book 
on  the  day  of  the  election  ;  all  of  which  shall  be  filed  in  the  office 
of  the  said  clerk,  and  shall  be  public  records,  and  as  such,  admissible 
as  evidence. 

Section  30.  The  Sheriff  shall  preserve  the  ballot  boxes  sheriff  to 
containing  the  ballots,  and  other  papers  required  by  law  to  be 
placed  therein,  safely,  and  secured  in  the  manner  in  which  the 
same  shall  have  been  delivered  to  him,  until  the  last  day  of  Feb- 
ruary next  after  the  election.  If  the  term  of  office  of  the  said 
Sheriff  shall  expire  prior  to  the  said  last  day  of  February,  he 


76 

termr^f°office  s^a^  deliver,  within  two  days  after  the  expiration  of  his  term, 
ofsheriff0  "  the  said  ballot  boxes  containing  the  ballots  and  other  papers 
required  by  law  to  be  placed  therein,  preserved  in  the  same  man- 
ner in  which  they  were  when  delivered  to  him,  to  his  successor 
in  office,  who  shall  safely  and  securely  keep  the  same  in  the  man- 
ner in  which  the  same  shall  have  been  delivered  to  him,  until 
the  said  last  day  of  February  next  after  the  election. 

senate  °to  com  Section  31.  The  Senate  shall  have  power  to  compel  a  deliv- 
einadeiiv°eryOISf  ery  to  that  body  of  the  ballot  boxes  aforesaid,  and  for  that  pur- 
pose to  order  and  cause  to  be  arrested  and  brought  before  them 

R^saiof  any  Sheriff  having  the  custody  of  the  said  ballot  boxes,  and  to 
adjudge  him  guilty  of  a  contempt  for  neglect  or  refusal  to  deliver 
any  such  ballot  boxes  and  to  proceed  against  him  accordingly, 

House  of  Rep- and  the  House  of  Representatives  shall  have  power  to  compel 

hlfve^iike63  to  the  delivery  of  said  ballot  boxes  in  like  manner  and  by  like 

power  proceedings. 


Duty  of  Gov- 
ernor to 
examine 
returns 


Section  32.  The  Governor,  after  receiving  the  certificates 
of  the  State  of  the  votes  of  the  respective  counties  of  the  State, 
under  the  seal  of  the  Superior  Court,  for  the  office  of  Attorney 
General,  Insurance  Commissioner,  State  Treasurer  and  Auditor 
of  Accounts,  or  any  of  whom  as  shall  have  been  voted  for  at 
the  preceding  general  election,  shall,  without  delay,  examine  the 

Certificate  of  returns  and  declare  the  person  or  persons  elected,  and  shall  issue 
certificates  of  such  election  under  his  hand,  and  the  same  together 

Filing  with  the  returns,  shall  be  filed  in  the  office  of  the  Secretary  of 

State,  and  the  Governor  shall  by  proclamation  make  public  the 

Proclamation    state  of  the  vote  by  causing  the  same  to  be  published  in  one  or 

stat?0o?rvote°fmore  of  the  public  newspapers  of  the  respective  counties  of  this 
State,  and  shall  issue  commissions  to  the  persons. 

Section  33.  That  all  Acts  or  parts  of  Acts  supplied-  by  this 
Act  or  inconsistent  with  the  provisions  thereof  are  hereby 
repealed  and  made  null  and  void. 


Approved  June  1,  A.  D.,  1898. 


77 


CHAPTER  65,  VOLUME  27. 
AN  ACT  to  Further  Provide  for  the  Secrecy  and  Purity  of  the  Ballot. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the 
State  of  Delaware,  in  General  Assembly  met: 

Section  1.     That   hereafter  it   shall    be  the   duty  of   each  eineSion°?ut°side 
Inspector  of  Elections  in  this  State,  outside  of  the  City  of  Wil-  of  Wilmington 
mington,  to  provide  a  room  for  the  holding  of  any  general  or  rangements  rfor 
special    election   in  his  hundred  or  election  district  which  shall  ^^^ 
be  adapted  to  the  requirements  of  this  Act.     Said  room  shall  R00m  to  be  at 
be  at  the  place  now  or  which  may  hereafter  be  established  bygjg£^^;w 
law  in  each  hundred  or  election  district  for  the  holding  of  elec-for  election  to 
tions,  or  in  as  close  proximity  thereto  as  practicable,  having  duebe 
regard  to  the  convenience  of  the  voters.      Provided,  however,  if  change  in 
that  if  any  Inpsector  shall  select  a  place  for  the  holding  of  any  shlif 
general  or  special  election  in  his  hundred  or  election  district, 
other  than  the  one  established  by  law,  he  shall  do  it  in  time  to 
give  the  notice  of  holding  such  election  required  by  law.     Said  fg 
room  shall  have  a  door  or  entrance  of  easy  or  convenient  access,  tion  room 
and  if  practicable,  a  separate  means  of  exit.     It  shall  be  provided 
on  the  outside  with  a  passage  at  least  four  feet  wide  and  with  a 
railing,  rope  or  wire  on  each  side  commencing  at  least  thirty 
feet  away  from  and  leading  to  the  entrance  to  such  place  of  elec- 
tion and  passing  the  place  assigned  for  the  challengers  and  thence 
to  the  entrance  of  the  room  in  which  the  election  is  held. 


The  Inspector  shall  provide  for  the  room  a  railing  therein  f^ec- 
separating  the  part  of  the  room  to  be  occupied  by  the  election  cers  to  be  eP- 
officers  from  the  remainder  of  the  room.     He  shall  also  pro  vide  SSe^parTof 
a  suitable  table  and  chairs  for  the  use  of  the  election  officers.  room 
The  table  shall  occupy  such  a  position  in  the  said  room  as  to  Arrangement  of 
enable  the  election  officers  and  the  challengers  hereinafter  pro-el( 
vided  for,  to  easily  communicate  with  each  other.     He  shall  cause 
to  be  constructed  in  the  room  at  least  one  booth  for  every  one  Number  of 
hundred  and  fifty  voters  or  fractional  part  thereof  in  each  hun- 
dred  or  election  district;    provided  that  there  shall  not  be  less 
than  three  booths  at  any  hundred  or  election  district.      The 
booths  shall  be  at  least  three  feet  square  and  six  feet  high  if  the 
ceiling  will  admit  it.     They  shall  each  contain  a  shelf  properly 
constructed  and  a  cardboard  box  fastened  to  the  booth  to  con- 


78 

Construction     tain  the  ballots  hereinafter  provided  for,  and  they  shall  be  so  con- 
structed and  arranged  that  all  the  election  officers  in  the  room 
can  see  whether  more  than  one  voter  enters  any  one  of  them 
Sections  eof  °fat  any  one  time.      In  tne  City  of  Wilmington  it  shall  be  the 
city  of  wii-     duty  of  the  Department  of  Elections  to  select  the  voting  place 
kctgloting  se"  in  each  election  district  within  the  city  and  to  provide  the  room 
make5  a?rlnge- m  wnicn  the  election  is  to  be  held  and  to  protect  the  same  with 
ments  in  wii-  the  required  railing  or  rope  and  to  construct  therein  the  neces- 
sary number  of  booths  and  to  do  all  other  things  required  to  be 
done  by  the  Inspectors  of  Election  outside  of  the  City  of  Wil- 
alngton  in  and  about  the  furnishing  and  fitting  up  of  said  room. 

party  to^dect  Section  2.  Each  of  the  political  parties  may  select  and 
challenger  to  accredit  some  suitable  person  as  a  challenger  to  stand  without 
eiection"roSn  the  door  or  entrance  of  the  room  in  which  the  election  is  to  be 

held,  and  by  the  side  of  the  passage  hereinbefore  provided  for; 

and  in  case  of  failure  of  any  or  all  of  the  political  parties  to  select 
judge^t^sefect suc^  Person  or  perons  as  challenger  or  challengers  it  shall  be  the 
challenger  in  duty  of  the  Inspector  and  Judges,  to  make  such  selection  or  selec- 
toesei<°ct  aV^6  tions,  provided  that  the  challengers  may  be  exchanged  and 
above  their  places  filled,  in  like  manner  during  the  day.  The  said 

challengers  shall  be  peace  officers  of  the  State  with  the  same 
be&peacf™&°  Powers  f°r  preserving  the  peace  as  the  Inspectors  of  Election 
cers  of  state  now  have.  Any  person  resisting  such  challenger  or  challengers 

shall  be  deemed  guilty  of  a  misdemeanor  and  upon  conviction 
Misdemeanor  thereof  by  indictment  shall  be  fined  not  more  than  one  hundred 
chafienger1  dollars  and  may  at  the  discretion  of  the  Cotfrt  be  imprisoned 
Penalty  for  a  term  not  exceeding  one  year.  Such  challengers  shall  be 

appointed  by  tke  respective  County  Committees  of  each  of  the 

political  parties. 

Definition  of  a         Section  3.     A  political  party  within  the  meaning  of  this 
y  Act  shall  be  an  organization  of  bona  fide  citizens  and  voters  of 
any  county  in  this  State,  which  shall  by  means  of  a  convention, 
primary  election  or  otherwise,   nominate  candidates  for  public 
offices  to  be  filled  by  the  people  at  any  general  or  special  elec- 
tion within  the  State.     No  organization  shall  be  regarded  as  a 
Must  name  500  political  party  that  does  not  represent  at  least  five  hundred 
in°neaachecounetry  bona  fide  citizens  and  voters  of  the  county  in  which  it  exists. 
If  the  Clerk  of  the  Peace  should  have  any  doubt  as  to  the  suffi- 
ciency of  the  number  of  bona  fide  voters  represented  by  any 
mayhde-  organization  in  any  county,  he  may  demand  a  certificate  con- 
^  certifica- taining  the  signatures,  and  addresses  of  two  hundred  and  fifty 
sufficient8  (  r  voters  belonging  to  such  an  organization,  as  to  that  fact. 

number . 

clerks  of  the  Section  4.     The  Clerks  of  the  Peace  for  the  several  courr 

ballots10      ntties  shall  cause  to  be  printed  on  the  ballots  herein  provided  for, 

the  names  of  the  candidates  nominated  by  the  parties  recog- 


. 


79 

nized  by  them  as  political  parties  within  the  meaning  of  this 

act.     The  nomination  of  the  candidates  for  the  office  of  Governor, 

Representative  in   Congress   and   Presidential   Electors   and  ^ 

other  State  officers  shall  be  certified  to  the  several  Clerks  of  the  fed  to  cierks  of 

Peace  by  the  presiding  officer  and  secretary  of  the  several  State  pffice?Tot?nom- 

party  conventions  or  committees,   and  the  nominations  of  the  1t?^i 

candidates  for  the  county,  hundred  and  district  offices  shall  bemittees 

certified  to  the  respective  Clerks  of  the  Peace  of  the  county  in 

and  for  which  such  nominations  have  been  made  by  the  precid- 

ing  officer  and  secretary  of  the  proper  party  convention  or  com- 

mittee.     The  certificates  shall  be  in  writing  and  shall  contain 

the  name  of  each  person  nominated,  his  residence  and  the  office 

for  which  he  is  nominated.      The  persons  making  such  certifi- 

cate shall  add  to  their  signatures  their  respective  places  of  resi- 

dence and  shall  acknowledge  said  certificate  before  an  officer  duly 

authorized  to  take  acknowledgements  of  deeds,  and  a  certificate 

of  such  acknowledgment  shall  be  affixed  to  the  instrument. 


The  certificate  shall  also   designate  a  title  for  the  party  d 
which  such  convention  or  committee  represents  together  with  of  party  as  well 
any  simple  figure  or  device  by  which  its  list  of  candidates  mayaspar 
be  designated  on  the  ballot.     Provided  that  the  figure,  or  title 
or  device  selected  and  designated  by  the  State  convention  or  Party  device  to 
committee  of  any  party  shall  be  used  by  that  party  throughout  fSrmTy  thnmgh- 
the  State  ;   only  one  figure  or  device  shall  be  used  by  a  party  at  out  the  State 
any  election.     The  same  title,  figure  or  device  shall  not  be  used  NO  one  device 
by  more  than  one  party,  and  the  party  first  certifying  a  name,  more6  thfn    ] 
title,  figure  or  device  to  the  Clerks  of  the  Peace  shall  have  the  one  Party 
prior  right  to  use  the  same.     Such  figure  or  device  may  be'  the  de^ce"^  title 
figure  of  a  star,  an  eagle,  a  plow,  or  some  such  appropriate  sym-  c!e?kTSfdthe 
bol,  but  the  coat  of  arms  or  seal  of  the  State,  or  of  the  United  Peace  when  in 
States,  or  the  flag  of  the  United  States,  shall  not  be  used  as  such^^  States 

figure  Or  device.  and  State  seal, 

coat  of  arms  or 
flags  shall  not 
be  used  as  a 
party  symbol. 

In  case  of  death,  resignation  or  removal  of  any  candidate  Death,  resigna- 
subsequent  to  nomination  a  supplemental  certificate  of  nomina-  of>Xa°amSSife1 
tion  may  be  filed  by  the  proper  officers  of  the  State,  county. 
district  "or  hundred  committees.      In  case  of  a  division  in  anytLSTdfcfefoo 
party  and  claim  by  two  or  more  factions  to  the  same  party  name  in  a  Party  the 
or  title,  figure  or  device,  if  the  division  occurs  at  a  State  conven-  piS«st  °assem- 
tion,  or  extends  throughout  the  State,  the  Clerks  of  the  Peace  bnj  ^sp-ai^as0 
of  the  several  counties  shall,  within  ten  days  after  any  one  of  them  to  name,  title. 
has  received  the  certificates  of  the  contending  factions,  assem-sy 
ble  in  the  office  of  the  Clerk  of  the  Peace  at  Dover  and  deter- 
mine which  faction  the  name,  title  or  figure  properly  belongs 
to,   giving  the  preference  to  the  convention  held  at   the  time 
and  place  designated  in  the  call  of  the  regularly  constituted  party 


80 

authorities;   and  if  within  five  days  thereafter  the  other  faction 
shall  present  no  other  party  name  or  title,  figure  or  device  and 
Peace8  to*  se?ect  certif  Y  tne  same  to  the  Clerks  of  the  Peace  the  latter  shall  again 
Party  name,60  immediately  assemble  and  select  some  suitable  title,  figure  or 
ce  device  for  said  faction  and  the  same  shall  be  placed  above  the 
list  of  their  candidates  on  the  ballots.     If  the  certificate  of  the 
sfde  conten^ng.  factions  sna11  not  ^e  received  by  the  Clerks  of  the 
*  Peace  in  time  for  them  to  assemble  at  Dover  before  publishing 
:  3  the  device  and  list  of  candidates  in  the  newspapers,  then  and  in 
that  case  each  Clerk  of  the  Peace  shall  determine  for  himself 
which  faction  shall  be  entitled  to  the  name,  title,  figure  or  device 
and  shall  select  a  name,  title,  figure  or  device  for  the  other  fac- 
cierk  of  _the   tion      Provided  that  in  case  of  division  in  any  party  extending 
when6  a.  county  only  throughout  a  county,  district  or  hundred,  the  Clerk  of  the 
sfon^SJes  dm'  Peace  in  the  county  in  which  such  division  occurs  upon  the 
place  receipt  of  certificates  from  the  contending  factions  shall  deter- 

mine which  faction  is  entitled  to  the  party  name,  figure  or  device 
and  to  have  their  nominations  printed  in  the  proper  party  column, 
and  should  the  other  faction  fail  to  do  so  the  Clerk  of  the  Peace 
shall  select  for  them  a  name  or  title,  figure  or  device. 

cierks  of  the  Section  5.     The  Clerks  of  the  Peace  of  the  several  coun- 

Feace  to  pre-       .......  ,  ......  ..  ~~  ni 

serve  aii  certifi-  ties  shall  cause  to  be  preserved  in  their  respective  offices  all 


x  certificates  of  nominations  filed  under  the  provisions  of  this  act 
months  for  sjx  months  after  the  date  of  the  filing  thereof. 


t  Section  6.     Certificates  of  nominations  herein  directed  to  be 

ied  ^th  the  Clerks  of  the  Peace  shall  be  filed  not  less  than 
election  day     twenty  days  before  the  day  fixed  by  law  for  the  election  of  the 
persons  in  nomination. 

of°  npoumineheslist         Section  7.     At  least  ten  days  before  an  election  to  fill  any 

ten  days  before  public  office  the  Clerk  of  the  Peace  of  each  county  shall  cause  to 

new^pape?       be  published  in  at  least  two  newspapers  within  his  county  the 

nominations  to  office  certified  to  him  as  directed  in  Section  4. 

He  shall  make  no  less  than  two  publications  in  each  of  such 

newspapers  before  election.     Such  publications  shall  be  made  in 

two  newspapers  representing  the  two  principal  political  parties. 

in  cities  hav  i  -Prov^e(^'  that  in  all  cities  where  a  daily  newspaper  is  published 

daify  newspa-*  such  notice  shall  also  be  published  in  two  daily  papers  represent- 

?arrtieps°toicbl    kig  such  political  parties,  if  such  there  be.     The  lists  of  nomina- 

'  ^bScation  in   ^ons  Polished  by  the  Clerk  of  the  Peace  shall  be  arranged  as 

whenever011       far  as  practicable  in  the  order  and  form  in  which  they  will  be 

possible  printed  upon  the  ballots,  and  shall  designate  the  devices  under 

which  the  lists  of  candidates  of  each  party  will  be  printed.     The 

Clerk  of  the  Peace  shall  not  include  in  the  publication  to  be  made 

according  to  this  section  the  name  of  any  candidate  whose  certifi- 

cate of  nomination  shall  have  been  filed  in  his  office  who  shall 


81 

have   notified  him  in     writing   duly   signed  and  acknowledged 
that  he  will  not  accept  the  nomination.      The  names  of  such 
candidates  shall  not  be  included  in  the  names  of  the  candidates  declines  a  nom- 
to  be  printed  on  the  ballot  as  hereinafter  provided.  SSaS  t£?  ! 

Clerk  of  the 
Peace 

Section  8.  The  Clerk  of  the  Peace  in  each  county  shall  Names  of  can- 
cause  the  names  of  all  candidates  to  be  voted  for  in  his  county  S^^iETcS* 
and  the  several  hundreds  or  districts  in  the  same  to  be  printed  UI°ns  Hnder 

11    1          1  •  i      11    ^         11  •  f  party  device 

in  parallel  columns  in  one  ballot,  all  nominations  of  any  party 
being  placed  under  the  title  and  device  of  such  party  as  desig- 
nated by  its  authorized  agent  or  agents  in  the  certificate  or  cer- 
tificates, or  if  none  be  designated  under  some  suitable  title  and 
device  to  be  selected  by  the  Clerk  of  the  Peace.     The  ballots  Ballots  to  be  of 
shall  be  of  uniform  size  and  of  the  same  quality  and  color  of  paper  "Sd^s^nie^Li 
and  sufficiently  thick  that  the  printing  cannot  be  distinguished  ity  ofmpaper 
from  the  back.     The  arrangement  of  the  ballot  shall  in  general 
conform  as  nearly  as  possible  to  the  plan  hereinafter  given,  and  ^ 
the  device  named  and  chosen  and  the  list  of  candidates  of  the 
Democratic  party  shall  be  placed  in  the  first  column  on  the  left 
hand  side  of  said  ballot;    of  the  Republican  party  in  the  second 
column  and  of  any  other  party  in  such  order  as  the  Clerk  of  the 
Peace  shall  decide. 


82 


DEVICE 


DEMOCRATIC  PARTY 


DEVICE 


REPUBLICAN  PARTY 


For  Electors  of 
President  and  Vice 

President 
JOHN  DOE 


For  Electors,  etc. 
JOHN  DOE 


For  Electors  of 
President  and  Vice 

President 
JOHN  DOE 


For  Electors,  etc. 
JOHN  DOE 


For  Electors,  etc. 
JOHN  DOE 

For  Electors,  etc. 
JOHN  DOE 

For  Governor 
JOHN   DOE 

For  Governor 
JOHN  DOE 

For  Lieutenant 
Governor 
JOHN  DOE 

For  Lieutenant 
Governor 
JOHN  DOE 

• 

i 

83 

Section  9.     In  case  of  the  death,  removal  or  resignation  of  J^or  removal 
any  candidate  after  the  printing  of  such  ballots  and  before  such  of  candidate 
election,  it  shall  be  lawful  for  the  Chairman  of  the  State,  county,  ofbaiSJf  ^ 
hundred  or  district  political  organization  by  which  such  candi-  Chairman  of 
date  was  nominated  to  make  a  nomination  to  fill  such  vacancy  ty?  hundr 
and  to  provide  the  election  officers  of  each  election  district  in  ^"Jani 
which  such  candidate  is  to  be  voted  for,  with  a  number  of  pasters  to  mi  vacancy 
containing  only  the  name  of  such  candidate.      Said  number  to 
be  at  least  equal  to  the  number  of  ballots  provided  for  each  elec- 
tion district  as  hereinafter  provided,  and  to  deliver  said  pasters 
in  the  same  manner  as  it  is  hereinafter  provided  that  ballots  shall 
be  delivered. 

Section  10.     The  Clerk  of  the  Peace  in  each  county  shall  cierk  of  the 
cause  to  be  printed  within  the  State  of  Delaware,  in  the  form 
hereinbefore  provided,  not  less  than  fifteen  ballots  for  every  voter 
in  each  hundred  or  Election  District  in  his  county,  and  the  num- 
ber shall  be  ascertained  in  each  hundred  or  Election  District  by 
reference  to  the  highest  number  of  votes  polled  therein  at  any 
preceding  election,  with  due  allowance  for  any  estimated  increase 
thereof.     If  a  new  Election  District  has  been  established  in  his 
county,  the  number  shall  be  estimated  by  the  said  Clerk  of  the 
Peace,  according  to  the  best  information  he  can  obtain.      The 
Clerk  of  the  Peace  in  each  county,  in  addition  to  the  above  men-  £^  t°0f 
tioned  ballots,  shall  cause  to  be  printed  such  further  number  of  printed  in  ad- 
ballots  as  shall  be  directed  by  the  Chairman  of  any  committee  numbe/of  bai- 
of  any  political  party,  in  any  county,  provided,  however,  that 
said  Clerk  of  the  Peace  shall  not  have  printed  any  ballots  upon 
the  order  or  request  of  any  Chairman  of  any  political  party  Ktkai  part 
unless  the  said  request  shall  have  been  made  to  him  in  writing  j^dn23eit 
at  least  thirty  days  prior  to  the  holding  of  the  Election  at  which  cover  cost 
the  said  ballots  are  to  be  used,  nor  unless  a  deposit  sufficient  to 
cover  the  cost  of  the  ballots  be  made  at  the  time  they  are  ordered. 
The  ballots  so  ordered  by  the  said  Chairmen  of  the  various  polit- 
ical parties  shall  be  delivered  to  the  said  Chairmen  or  to  their 
agents  upon  their  request  or  order,  at  least  five  days  before  the  Chair 
Election  at  which  the  said  ballots  are  to  be  used.     In  addition 
to  the  ballots  so  ordered  by  the  Chairmen  of  the  various  politi- 
cal parties,  the  Clerk  of  the  Peace  shall  deliver  to  each  Chair- 
man of  the  various  political  parties,  two  ballots  for  every  voter 
in  each  hundred  or  Election  District,  who  at  the  last  preceding 
election  cast  his  ballot  for  the  head  of  the  ticket  of  such  political 
party,  which  ballots  shall  be  furnished  to  the  County  Chairmen 
free  of  all  charges.     The  Clerk  of  the  Peace  shall  cause  the  ballots, 
other  than  those  delivered  to  the  Chairmen  of  the  various  politi-  cierk 
cal  parties  for  each  hundred  or  Election  District,  to  be  caref ully 
wrapped  and  tied  in  two  packages.     One  of  such  packages  shall  ^J1^5  f£°ereTfh 
contain  two  ballots  for  even-  voter  in  each  hundred  or  Election  charge 


84 

oTbai-  District  in  his  county,  and  shall  be  retained  by  the  Clerk  of  the 
i?ackagented  in  Peace,  and  the  ballots  therein  contained  shall  only  be  used  to 
take  the  place  of  any  ballot  that  may  have  been  destroyed  01 
lost  by  any  accident  or  casualty.  The  other  packages  of  ballots 
shall  be  delivered  by  the  Clerk  of  the  Peace  in  the  manner  herein- 
after provided  for.  The  Clerk  of  the  Peace  in  each  county  shall 
also  provide  ungummed  envelopes  of  a  sufficient  size  to  contain 
the  ballot  to  be  used  at  any  election.  Each  envelope  shall  have 
printed  thereon, 


Official  Envelope 


„       - 

vide  ungummed 
envelopes 


T> 

For 
Representative  District  Number  ...... 

Date  of  Election.  . 


Clerks  of  Election 


sha11  be  signed  by  the  Clerks  of  Election  on  the  lines  above 
envelopes         the  words,  "Clerks  of  Election". 

k)0rureachveiote?         He  sna^  nave  prepared  four  envelopes  for  each  voter  in  each 
hundred  or  Election  District  in  his  county,   and  the    number 
shall  be  ascertained  in  each  hundred  or  Election  District  by 
reference  to  the  highest  number  of  votes  polled  therein  at  any 
preceding  election,  with  due  allowance  for  any  estimated  increase 
thereof.     If  a  new  Election  District  has  been  established  in  his 
county,  the  number  shall  be  estimated  by  said  Clerk  of  the  Peace, 
Enveiope-s^to    according  to  the  best  information  he  can  obtain.     The  Clerk  of 
packages1"       the  Peace  shall  cause  the  envelopes  for  each  hundred  or  Election 
District  to  be  carefully  wrapped  and  tied  in  two  packages,  one 
package  containing  one  envelope  for  each  voter  in  each  hundred 
or  Election  District,  in  his  county,  and  shall  be  retained  by  the 
Clerk  of  the  Peace,  and  the  envelopes  therein  contained  shall 
only  be  used  to  take  the  place  of  like  envelopes  that  may  have 
Package          been  destroyed  or  lost  by  any  accident  or  casualty.     The  said 
Safekdd  *         packages  of  envelopes  shall  be  plainly  marked  and  securely  sealed 
with  wax.      The  Clerk  of  the  Peace  in  each  county  shall  also 
Pencils  to  be  provide,  and  inclose  in  each  of  said  packages,  not  less  than  one 
dozen  black  or  indelible  pencils  or  crayons  and  a  sufficient  num- 
ber of  rubber  bands  to  secure  the  number  of  envelopes  in  each 
hundred  or  Election  District. 


85 

Section  11.     It  shall  be  the  duty  of  each  Inspector  of  Elec- 
tion  outisde  of  the  City  of  Wilmington  to  appear  at  the  office  side  of  wu- 
of  the  Clerk  of  the  Peace  of  his  county  on  the  day  preceding  the  ™£f™  cierks 
election  before  the  hour  of  three  o'clock  in  the  afternoon,  and  the  J*  ^eiveffibli- 
Clerk  of  the  Peace  shall  deliver  to  him  the  packages  of  ballots,  lots,  envei- 
envelopes,  pencils,  and  rubber  bands  for  his  hundred  or  Election  opes>  etc> 
District,  and  the  said  Inspector  shall  safely  keep  the  said  pack- 
ages arid  produce  the  same  at  the  place  of  election,  and  at  the 
time  of  the  opening  of  the  election;    provided,  however,  that  in 
case  there  shall  be  a  vacancy  in  the  office  of  any  Inspector  on 
the  day  preceding  the  election  or  any  Inspector  for  any  cause, 
shall  not  apply  to  the  proper  Clerk  of  the  Peace  for  the  pack- 
ages herein  mentioned,  for  his  hundred  or  Election  District  by 
the  hour  of  three  o'clock  in  the  afternoon  of  the  day  preceding 
the  election,  the  said  Clerk  of  the  Peace  shall  deliver  said  pack- 
ages to  some  trusty  person  who  .shall  deliver  them  on  the  day  peace  to  make 
of  the  election  to  the  Inspector  of  Election,  of  such  hundred  ordelivei7  to 

,         .  ....  ,  f  .,.  ...  ...,  some   trusty 

election  district  at  the  place  of  election  and  immediately  upon  person  when 
the  qualification  of  the  election  officers.  Sl££j  fa 

In  the  City  of  Wilmington  it  shall  be  the  duty  of  the  Presi-^ D0f^c. 
dent  of  the  Department  of  Elections,  or  in  case  he  cannot  attend  tions  in  wn- 
some  other  member  of  the  Department  of  Elections  authorized  {Sv??harg(e  of 
in  writing  bv  the  President  of  the  Department  of  Elections  to  distribution   of 

~,  -      .         ~.  -  -    XT  X-A        1     ballots,  envel- 

appear  at  the  office  of  the  Clerk  of  the  Peace  of  New  Castle  opes,  etc.,  ob- 
County  on  the  day  preceding  each  election  on  or  before  the  hour  SJS^faSktii 
of  three  o'clock  in  the  afternoon,  arid  the  said  Clerk  of  the  Peace the  Peace 
shall  deliver  to  him  the  packages  provided  for  each  election  dis- 
trict of  the  City  of  Wilmington  and  the  said  Department  of 
Elections  shall  safely  keep  the  same  and  deliver  to  said  board 
of  election  officers  and  at  the  polling  place  on  the  day  of  the  elec- 
tion at  the  time  provided  by  law  for  the  delivery  of  the  ballot 
boxes,  the  ballots,  envelopes,  pencils  and  rubber  bands  intended 
for  their  several  and  respective  districts. 

Section  12.      If  by  any  action  or  casualty  the  ballots  or  LOSS  of  ballots 
envelopes  delivered  to  any  Inspector  or  other  person  by  any or  envelopes 
Clerk  of  the  Peace  shall  be  lost  or  destroyed  it  shall  be  the  duty 
of  such  person  having  such  packages  in  his  custody  to  report  the 
loss  at  once  to  the  Clerk  of  the  Peace  from  whom  the  same  were 
obtained  and  make  affidavit  of  the  circumstances  of  the  loss 
whereupon  such  Clerk  of  the  Peace  shall  at  once  re-supply  such  c^°dke^cofto 
person.      In  case  such  person  having  in  custody  said  packages  report 'loss "to 
fails  or  refuses  to  report  and  make  proof  of  the  *  loss,  any  quali-  pl^e  Oafndhe 
fied  elector  may  do  so,  and  thereupon  such  Clerk  of  the  Peace 
shall  at  once  send  a  new  supply  by  some  trusty  person  as  pro- 
vided  in  other  cases.      In  case,  for  any  reason,  there  should  be 
found  no  ballots  or  other  necessarv  means  or  contrivances  for 


86 

OThmeansallofts  votmg>  at  tne  opening  of  the  election  it  shall  be  the  duty  of  the 

voting  are  lack-  election  officers  at  such  election  place  to  secure  the  same  as  speed- 

o^cersecto°nact  ilv  as  possible,  and,  if  necessary,  such  election  officers  shall  have 

pScc^same  "r Danots  printed  or  written  and  envelopes  procured;    provided, 

devise  a  means  however,  that  such  ballots  and  envelopes  shall  conform  as  nearly 

as  possible  to  the  official  ballots  and  envelopes  and  the  printing 

and  the  preparation  and  the  care  of  the  same  shall  be  under  the 

same  provisions  and  penalties  as  the  printing  and  the  care  of 

the  other  ballots  and  envelopes  prescribed  in  this  Act. 

Section  13.  At  the  opening  of  the  election  after  the  quali- 
fication of  the  several  officers  and  in  the  presence  of  the  others 
the  Inspector  or  the  Chairman  of  the  Board  of  Inspectors  shall 
open  the  packages  of  ballots  and  envelopes.  He  shall  place  in 
ox  Provided  in  each  tooth,  at  least  ten  ballots,  and  at 

ten  ballots  to  all  times  during  the  election  it  shall  be  his  duty  to  see  that  at  least 
ten  ballots  are  kept  in  said  boxes  in  said  booths.  He  shall  then 
s  toecie?k  deliver  to  the  Clerk  of  the  Election,  of  the  opposite  political 

of  opposite  po- party  from  his  own,  twenty-five  of  the  envelopes.  The  Clerks 
of  the  Election  shall  at  once  proceed  to  write  their  full  names  in 

tkfn kto°writ?~  i1^  in  the  places  designated  on  the  envelopes  in  their  ordinary 

full  names  on  handwriting  and  without  any  distinguishing  mark  of  any  kind. 
As  each  successive  elector  calls  for  a  ballot  and  envelope,  the  Clerks 
of  the  Election  having  custody  of  the  ballots  and  envelopes 
shall  deliver  to  him  the  first  signed  of  the  twenty-five  envelopes, 
and  one  ballot,  and  the  Inspector  shall  immediately  deliver  to 
the  said  Clerk  of  the  Election  another  envelope  which  the  Clerks 
of  the  Election  shall  at  once  sign  as  before,  and  add  to  the  envel- 
opes already  signed  so  that  it  shall  be  delivered  for  voting  after 
all  of  those  theretofore  signed. 

Peearcke  °to  ^int  Section  14.  The  Clerk  of  the  Peace  of  each  county  shall 
on  cards  ex-  cause  to  be  printed  in  large  type  on  cards,  in  English  and  such 
iawctfn  0EngHesh  other  language  as  he  may  deem  necessary,  instructions  for  the 
iTndguSagehs  ashhe  ^ui(^ance  °^  electors  m  preparing  their  ballots.  He  shall  fur- 
may  deem  nish  twelve  of  such  cards  in  each  of  the  languages  determined 
upon  by  him  to  each  of  the  Election  Inspectors » at  the  same 
time  he  delivers  to  him  the  ballots  and  envelopes  for  his  hundred 
Deliver  Beards  or  Election  District.  Each  Inspector  shall  cause  to  be  posted 
who  ns£St0post  one  of  each  of  said  cards  in  each  place  or  compartment  provided 
them  £or  the  preparation  of  ballots,  and  one  of  each  kind  of  such  cards 

at  or  near  to  the  outer  end  of  the  enclosure  leading  to  the  poll- 
ing place,  and  not  nearer  than  thirty  feet  of  the  polling  place, 
and  not  less  than  three  of  each  of  such  cards  and  three  samples 
of  each  of  the  ballots  in  and  about  the  polling  place  at  the  opening 
of  the  polls  on  the  day  of  election,  which  sample  ballots  shall  be 
printed  on  different  colored  paper  than  the  genuine  ballots. 


87 

Said  cards  shall  contain  full  instructions  to  the  voters  as  to  what 
must  be  done: 

First,  to  obtain  ballots  and  envelopes  for  voting; 
Second,  to  prepare  the  ballots  for  voting; 
Third,  for  depositing  the  ballot  in  the  envelope; 

Fourth,  to  obtain  either  a  new  ballot  or  an  envelope  or  both 
in  place  of  either  or  both  accidently  defaced,  mutilated  or  spoiled, 
also  copies  of  Sections  30,  31,  32  and  33. 

Section  15.  One  challenger  appointed  and  designated  by 
each  political  party  as  hereinbefore  provided  shall  be  entitled  to  party  to  stand 
stand  at  the  side  of  the  passage  and  near  the  entrance  to  the  ?£omnbut"no ° 
room.  No  other  person  shall  remain  within  thirty  feet  of  said  {£bStS£  thirty 
entrance  except  for  the  purpose  of  offering  his  vote,  except  as  feet  of  entrance 
hereinafter  provided  for,  and  voters  shall  approach  and  enter  w 

the  passage  in  the  order  in  which  they  appear,  for  the  purpose 
of  voting.     If  any  person  offering  to  vote  shall  be  challenged  by 
one  of  such  challengers,  or  by  one  of  the  Election  officers,  his  officers  to  de- 
right  shall  be  at  once  determined  by  the  proper  officers,  and  to^fe  ri 
if  his  vote  is  refused  he  shall  immediately  stand  aside  and  give 
place  to  the  person  next  in  line,  and  retire  without  delay  from 
within  the  thirty  foot  space  around  the  entrance  to  the  room. 

Section  16.     When  a  voter  shall  have  been  passed  by  the 
challengers,  he  shall  be  admitted  to  the  election  room ;  provided, 
however,  there  shall  not  be  in  the  room,  at  any  time  more  than 
one  voter  for  each  booth  therein.      On  entering  the  room  the  ^  ™°Jfr  ^Jn 
voter  shall  announce  his  name  to  the  Clerks  of  Election,  who  each  booth  ai- 
shall  register  it,  and  one  of  said  Clerks  shall  deliver  to  him  anlc" 
envelope  and  ballot  furnished  to  the  Election  officers  by  the 
Clerk  of  the  Peace.     The  voter  shall  then,  and  without  leaving  S^0^?; 
the  room,  go  alone  into  any  of  the  booths  which  may  be  unoc-ope  to  go  alone 
cupied  and  deposit  the  ballot  which  he  desires  to  vote  in 
envelope  handed  him  by  the  Clerk,  and  on  leaving  the  booth, in 
or  compartment,  he  shall  deliver  the -envelope  containing  the 
lot  to  the  Inspector  or  the  Judge  who  may  temporarily  be  author-  ballot  therein 
ized  to  act  for  the    Inspector,  who  shall  forthwith  in  the  presence  officer0*1' 
of  the  voter  and  of  the  other  election  officers  place  a  rubber 
band  about  the  said  envelope  in  such  a  manner  as  to  keep  the 
ballot  placed  therein  from  slipping  out  of  the  said  envelope  and 
shall  deposit  the  said  envelope  in  the  ballot  box,  and  the  Clerks 
of  the  election  shall  write  the  word  "voted"  after  the  name  of Voter  to  leave 
the  voter  on  the  poll  list.      The  voter  shall  immediately  after  room  i 
voting  leave  the  room,  and  upon  his  refusal  to  do  so  ma 


88 

ejected  therefrom.     But  no  voter  to  whom  an  envelope  has  been 

delivered  shall  be  permitted  to  leave  the  room  without  voting 

or  returning  the  said  envelope  to  the  Clerk  of  the  Election.    Any 

^e?meittved°toebe  7oter  wno  Sn.a11  attempt  to  leave  the  room  with  the  envelope 

taken  from      in  his  possession  shall  be  at  once  arrested  on  demand  of  an  elec- 

1   tion  officer. 

SthoebtaTneinhg0ds  Section  17.  It  shall  be  lawful  for  any  voter  to  secure  a 
ballot  at  any  time  from  the  Chairmen  of  the  various  political 
parties  or  from  any  other  source  whatsoever,  and  to  mark  the 
same  at  any  time  and  at  any  place  before  voting  the  same,  and 
to  carry  the  ballot  which  he  has  marked  to  the  designated  poll- 
ing place  in  the  hundred  or  election  district  of  which  he  is  a  reg- 
istered and  qualified  voter  and  there  to  vote  the  said  ballot  in 
the  manner  heretofore  prescribed. 

one  Sr'soVin^  Section  18.  Not  more  than  one  person  shall  be  permitted 
booth  at  one  to  occupy  any  booth  at  one  time,  and  no  person  shall  remain 
in,  or  occupy  a  booth  longer  than  may  be  necessary  to  prepare 
his  ballot  and  to  deposit  the  same  in  his  envelope,  and  in  no 
event  longer  than  three  minutes.  No  more  than  one  person 
for  each  booth  in  the  room,  other  than  the  election  officers  shall 
be  permitted  to  enter  or  be  in  the  election  room  at  any  one  time 
except  as  hereinafter  provided  and  no  voter  or  person  offering 
to  vote  shall  hold  any  conversation  or  communicate  with  any 
other  person  than  an  election  officer  while  in  the  election  room 
except  as  hereinafter  provided. 

aTeespoi£d0oSr  Section  19.     Any  person  who  shall  by  accident  or  mistake 

defaced  voter  spoil  or  deface  or  mutilate  his  ballot  or  envelope,  on  returning 
otherre°e        n"the  spoiled  ballot  or  envelope  to  the  Clerks  of  the  Election  and 
satisfying  the'm  that  such  spoiling,  defacing  or  mutilation  was 
not  intentional,  shall  receive  another  ballot  or  envelope  or  both 
in  place  thereof,  and  such  Clerk  shall  make  a  minute  of  the  fact 
Spoiled  ballot  on  ^e  P°^  ^s^s  a^  ^e  time,  and  the  mutilated  ballot  and  envelope 
to  be  de-       shall  then  be  destroyed  bv  the  elector  in  the  presence  of  the 
election  officers. 


Assistance  in  Section  20.     Any  person  who  shall  be  physically  unable  to 

SfowSFundCT*  prepare  or  fold  his  ballot  or  deposit  Ms  ballot  in  his  envelope 

t?onsin  °ondi"  ky  reason  of  defective  eyesight  or  the  los's  of  the  use  of  one  or 

both  hands,  or  inability  to  walk  with  safety  without  assistance 

as  manifestly  renders  him  unable  to  prepare  or  fold  his  ballot, 

or  to  deposit  his  ballot  in  his  envelope,  or  to  reach  the  polling 

place  alorte  with  safety  shall  be  permitted  to  bring  with  him  into 

the  election  room  and  booth  any  elector  or  two  electors  if  the 

nature  of  the  disability  manifestly  requires  more  than  one,  such 

as  a  total  disability  to  walk  to  the  polling  district,  for  the  purpose 


80 

of  rendering  him  the  necessary  assistance,  and  no  yoter  shall 
receive  any  other  assistance  in  voting  than  that  herein  provided 
for  and  the  office  of  the  so  called  voter's  assistant  is  hereby 
expressly  abolished.  abolished 


In  case  any  elector  shall  feign  any  of  such  physical  defects, 
he  shall  be  guilty  of  a  misdemeanor  and  upon  conviction  thereof  tance  is  feigned 
by  indictment  shall  be  fined  one  hundred  dollars  and  shall  be 
imprisoned  for  not  more  than  two  years. 

Section  21.     No  Inspector  of  election  or  Judge  acting  for 
the  Inspector  shall  deposit  any  envelope  upon  which  the  names 
of  the  Clerks  of  the  election  as  hereinbefore  provided  for,  does  bearing  ed°?tin- 
not  appear  or  any  envelope  on  which  appears  any  distinguishing  ^^e^ced^to 
mark,   defacement  or  mutilation;    provided,   however,   that  •  no  be  deported  °in 
mark  shall  be  considered  distinguishing,  and  no  envelope  shall  ball°' 
be  considered  defaced  or  mutilated  unless  it  plainly  appears  that 
it  was  the  intention  of  the  voter  to  so  mark,  deface  or  mutilate 
his  envelope. 

Section  22.     The  election  officers  before  entering  upon  the  ^lectio  ^officers 
duties  of  their  office  shall  each  take  an  oath  that  he  will  not  in  before6  Entering 
any  manner  attempt  to  influence,  intimidate,  persuade,  bribe  or  ;g££stheir 
coerce  any  voter  in  the  marking  of  his  ballot  or  in  the  making  Character 
of  the  choice  of  the  person  or  persons  for  whom  he  votes,  and  that  Of  oath 
he  will  not  disclose  the  manner  in  which  any  person  has  voted, 
and  any  election  officer  who  shall  violate  his  oath  in  any  of  these 
particulars  shall  be  guilty  of  wilful  and  deliberate  perjury,  and 
upon  conviction  thereof  by  indictment  he  shall  in  addition  to  the  Penalt   for 
penalties  and  disabilities  annexed  to  such  crime  be  fined  not  vi'oiation  °r 
more  than  five  hundred  dollars  and  may  at  the  discretion  of  the 
Court  be  imprisoned  not  exceding  two  years. 

Section  23.  Whenever  under  any  provision  of  the  laws  of 
this  State  any  voter  or  elector  at  any  election  hereinafter  to  be 
held  in  this  State  is  required  to  indicate  on  the  official  ballot 
the  candidate  for  whom  he  desires  to  vote  at  such  election  by 
marking  his  ballot  in  such  manner  as  to  indicate  for  whom  he 
casts  his  vote  such  voter  or  elector  at  any  election  aforesaid  shall 
indicate  his  choice  of  candidates  aforesaid  by  marking  his  ballot 
with  a  black  or  indellible  lead  pencil  or  black  crayon  in  the  follow- 
ing manner: 

Rules  for  the 

When    any  elector  desires  to  vote  a  straight  ticket,  that  is         ng  of  the 


to  vote  for  all  of  the  candidates  of  a  party  appearing  in  the  party  cross  mark 
column  on  the  ballot  he  shall  place  a  cross  mark  or  "X"  "11 


the  square  at  the  head  of  the  party  column  containing  the  names  ^d{^tef^ 
of  such  candidates.      In  the  event  that  any  elector  does  not  any  one  party 


90 

Cross  mark  or  desire  to_  vote  for  all  of  the  candidates  whose  names  appear  in 
a'tXieftn  oTthS  any  one  Party  column  he  shall  place  a  cross  mark  or  "X"  in  the 
names  9f  can-  square  at  the  left  of  the  name  of  the  candidate  for  whom  he 
straight  Ballot  desires  to  vote,  and  he  may  also  scratch  out  the  name  of  the 
is  not  voted  candidate  for  whom  he  does  not  desire  to  vote,  or  he  mav  do 

May  scratch          ..  -, 
out  the  name     Cltner. 
of  a   candidate 

All  ballots  cast  at  any  election  shall  be  counted  for  the  per- 
AII  ballots  to  sons  f°r  wnom  they  were  intended  so  far  as  such  intention  can 
be  counted  for  be  ascertained  therefrom  and  in  determining  the  intention  the 

those  for  whom  /•   11         •  <          1111          1  i 

they  were  in-  following  rules  shall  be  observed: 

tended  to  be 
cast 

Rules  to  be  de-         First.     If  the  elector  shall  place  on  his  ballot  a  cross  mark 

cerShitnginthaeS"  or   "x"   within  the  square  containing  a  party  designation  at 

TOtT1  °f  the    t^ie  hea/d  °f  the  column  he  shall  be  deemed  to  have  voted  for 

all  the  candidates  whose  names  appear  in  the  column  under 

such  mark,  unless  some  name  or  names  shall  be  erased,  or  unless 

in  some  other  column  he  shall  have  placed  a  mark  in  the  square 

at  the  left  of  the  name  of  some  other  candidate  for  the  same 

office. 

Second.  When  the  voter  shall  place  a  mark  against  two 
or  more  names  for  the  same  office  he  shall  be  deemed  to  have 
voted  for  none  of  them  and  the  ballot  shall  not  be  counted  for 
either  candidate  therefor,  but  shall  be  counted  for  such  other 
candidates  as  it  is  the  evident  intention  of  the  voter  to  vote  for. 

If    a    name    be 

Sd£tnit°Si£i  Third.     If  any  name  be  written  on  any  ballot  the  ballot 

be  void    '        shall  be  void  and  not  counted. 

Fourth.  When  the  elector  shall  have  made  a  mark  in  the 
square  at  the  left  of  the  name  of  a  person  in  the  proper  place  he 
shall  be  deemed  to  have  voted  for  that  person  although  he  shall 
have  omitted  to  erase  or  scratch  out  the  name  printed  in  any  other 
column  for  the  same  office. 

Fifth.  A  ballot  put  in  without  any  marks  shall  not  be 
counted,  a*nd  a  ballot  not  marked  at  the  top  shall  be  counted 
only  for  the  persons  for  whom  the  marks  therein  are  applicable. 

Names  of  the  Section  24.     In  the  counting  of  the  votes  any  ballot  con- 

iiectfonf  neces-  tamed  in  an  envelope  which  is  not  endorsed  with  the  names  of 


^have^6  Clerks  of  the  election  as  provided  in  this  Act,  and  any  ballot 
unted  which  shall  bear  such  a  distinguishing  mark  that  it  is  apparent 
Ballot  having  a  that  such  distinguishing  mark  was  placed  thereon  with  the  intent 
'    of  the  voter,  or  any  ballot  which  is  contained  in  any  envelope 


91 

which  shall  bear  any  such  distinguishing  mark  shall  be  void  and 

shall  not  be  counted,  and  any  ballot  or  part  of  a  ballot  from  which 

it  is  impossible  to  determine  the  elector's  choice  of  candidates 

shall  not  be  counted  as  to  the  candidate  or  candidates  affected 

thereby;   provided,  however,  that  such  ballots  and  envelopes  andDisputed  bal. 

all  disputed  ballots  and  envelopes  shall  be  preserved  by  the 

inspector  and  at  the  close  of  the  count,  placed  with  the  seals  of 

the  envelope  packages  in  the  box  into  which  the  ballots  shall 

have  been  put  when  read. 


If  any  envelope  should  be  found  to  contain  more  than 
ballot  none  of  the  ballots  contained  in  that  envelope  shall   be  than  one  ballot 
counted.     The  election  officers  shall  also  record  on  the  tally  list 
memoranda  of  such  ballots  and  envelopes  and  the  condition  of 
the  seal  of  the  envelope  packages  ;  and  in  any  contest  of  election 
such  ballot,  envelope  and  seals  may  be  submitted  in  evidence. 
Immediately  on  closing  the  polls,  the  envelopes  remaining  unused  u™set£ 
shall  be  counted  and  destroyed  by  the  election  officers  of  the  sev-  stayed  ateciose 
eral  hundreds  or  election  districts  by  totally  consuming  by  fireof  election 
and  the  election  officers  shall  certify  the  number  of  envelopes  so 
destroyed  by  them  on  the  respective  tally  lists. 


In  the  counting  of  the  ballots  each  ballot  shall  be  removed  ^n^°gns  for 
from  its  envelope  and  counted  for  the  candidates  voted  for  ballots 
thereon  and  immediately  returned  to  the  envelope  from  which 
it  is  taken  and  secured  therein  by  a  rubber  band,'  and  the  said 
envelopes  and  ballots  after  the  count  is  made  shall  be  returned  to 
the  ballot  boxes  from  which  the     are  taken. 


Section  25.     If  any  Clerk  of  the  Peace  or  his  clerk  or  any 
one  acting  for  him  shall  neglect  or  refuse  to  have  the  ballots  Peace  to  print 
and  envelopes  printed  and  prepared  according  to  the  provisions  {SS??hein   e 
of  this  Act,  or  shall  neglect  or  refuse  to  deliver  them  in  time 
to  the  parties  properly  entitled  to  receive  them,  or  shall  neglect 
or  refuse  to  do  or  perform  any  other  duty  in  and  about  the  prepa- 
ration and  distribution  of  the  ballots  and  envelopes  required  to 
be  done  and  performed  by  him  by  the  provisions  of  this  Act,  he 
shall  be  deemed  guilty  of  a  misdemeanor  and  shall  be  fined  not 
less  than  one  nor  more  than  five  thousand  dollars,  and  he  may  in  Penalty  for 
the  discretion  of  the  Court  be  imprisoned  for  not  less  than  one  nor  refusal 
more  than  five  years. 


Section  26.     If  any  person  being  an  election  officer  shall 
reveal  to  any  person  how  any  elector  has  voted,  or  what  person  veai  vote 
or  persons  were  voted  for  by  him  on  any  ballot  or  give  any  infor- 
mation concerning  the  appearance  of  any  ballot  voted  or  envelope 
used,  such   person  or  persons  so  offending  shall  be  cmilty  of  a 


92 

misdemeanor  and  on  conviction  thereof  by  indictment  shall  be 
fined  not  more  than  five  hundred  dollars  and  shall  be  impris- 
oned not  less  than  two  and  not  more  than  five  years. 

Section  27.     Any  person  who  shall  falsely  make  or  fraudu- 
lently deface  or  fraudulently  destroy  any  certificate  of  nomina- 
tion, or  any  part  thereof;    or  file  any  certificate  of  nomination 
Defacing  or  de-  knowing  the  same  or  any  part  thereof  to  be  falsely  made ;    or 
?naSong  *ertifu~  suppress  any  certificate  of  nomination  which  has  been  duly  filed 
cate  or  any  part  thereof  or  forge  or  falsely  make  the  official  endorse- 

ment of  any  ballot  or  envelope  or  either  of  them ;  or  print  or  cause 
to  be  printed  any  imitation  ballot  or  envelope  or  circulate  the 
same;  or  conspire  with  others  to  do  any  of  said  acts,  or  induce 
or  'attempt  to  induce  any  other  person  to  do  any  of  said  acts, 
whether  or  not  said  acts  or  any  of  them  be  committed  or  attempted 
to  be  committed,  shall  be  deemed  guilty  of  a  misdemeanor  and 
Penalty  for  upon  conviction  thereof  shall  be  fined  not  less  than  one  hundred 
nor  more  than  five  hundred  dollars  or  imprisoned  in  the  discre- 
tion of  the  Court  not  more  than  five  years. 

Penalty  for  Section  28.     If  any  Clerk  of  the  Peace,  Inspector  of  Elec- 

violation  by  ™      1         f    T-M       ,•  T      1  *    t-w      .i> 

officers  men-  tion,  Clerk  of  Election  or  Judge  of  Election  or  trusty  person 
shall  wilfully  violate  any  of  the  provisions  of  this  Act  in  the  per- 
formance of  any  duty  herein  imposed  upon  him  for  the  violation 
of  which  no  other  punishment  is  herein  provided  he  shall  be 
deemed  guilty  of  a  misdemeanor  and  upon  conviction  thereof 
shall  be  fined  not  less  than  three  nor  more  than  five  hundred 
dollars  and  may  in  the  discretion  of  the  Court  be  imprisoned  for 
a  term  not  exceeding  three  years. ' 

ghenff  £°x™ake         Section  29.     The  Sheriff  shall  make  the  ballot  boxes  and  the 

and°taiivxiists  tally  lists  and  all  other  papers  to  be  delivered  to  the  several 

inspectors  conform  to  the  requirements  of  this  Act.     The  inspector 

or  trusty  person  for  his  services  in  receiving  and  delivering  at  the 

Sm£uvering   P^ace  °^  holding  the  election  as  aforesaid  the  packages  containing 

packages- of      the  ballots  and  stamps  shall  receive  two  dollars. 

ballots,  etc. 

Section  30.     If  any  person  not  herein  authorized  so  to  do 

shall  enter  or  attempt  to  enter  the  election  room,  or  enter  or 

Attempt  to      attempt  to  enter  within  the  railing  leading  to  the  entrance  of  the 

room  fnc yiSa-  election  room,  or  shall  remain  within  thirty  feet  of  the  polling 

tion  of  this  act  piace  contrary  to  the  provisions  hereinbefore  made,  he  shall  be 

guilty  of  a  misdemeanor  and  on  conviction  thereof  be  fined  not 

more  than  two  hundred  dollars. 

Section  31.     If  any  person  shall  induce  or  attempt  to  induce 
any  elector  to  write,  paste  or  otherwise  place  on  his  ballot  the 


93 

name  of  any  person  or  any  sign  or  device  of  any  kind  as  a  di 
languishing  mark  by  which  to  indicate  to  any  other  person  how  tor  to  place 
such  elector  has  voted,  or  shall  enter  into  or  attempt  to  form  any  SS^TbSt 
agreement  or  conspiracy  with  any  other  person  to  induce  or  ?J^ref0ernalty 
attempt  to  induce  electors  or  any  electors  to  so  place  any  distin- 
guishing mark  or  name  on  his  ballot  whether  or  not  said  act  be 
committed  or  attempted  to  be  committed,  such  persons  so  offend- 
ing shall  be  guilty  of  a  misdemeanor  and  on  conviction  be  impris- 
oned for  not  exceeding  two  years. 

Sect'on  32.     If  any  person  shall  induce  or  attempt  to  induce  ^us^aV'eiec- 
any  election  officers  to  violate  any  of  the  provisions  of   this  Acttwn  officer  to 
whether  or  not  such  election  officers  shall  violate  or  attempt  to  and  penalty  M 
violate  any  of  the  provisions  of  this  Act,  such  person  so  offending  therefor 
shall  be  guilty  of  a  misdemeanor  and  on  conviction  shall  be 
imprisoned  for  a  term  not  exceeding  five  years.     It  shall  be  the 
duty  of  each  inspector  to  distinctly  read  this  and  the  preceding 
section  to  the  election  officers  at  the  opening  of  the  polls  and  each 
member  thereof  shall  thereupon  take  an  oath  that  he  has  not 
violated  and  will  not  violate  the  provisions  of  said  sections. 

Section  33.     Any  person  who  shall  during  the  election  re-  Removal  or  de- 
move  or  destroy  any  of  the  supplies  or  other  conveniences  placed  IUppiiSnand 
in  the  booths  as  aforesaid  or  delivered  to  the  voter  for  the  purpose  "Si'Too'm  6anCd' 
of  enabling  the  voter  to  prepare  his  ballot,  or  shall  during  the  penalty  there- 
election  remove,  tear  down  or  deface  the  cards  printed  for  thef01 
instruction  of  the  voters,  or  shall,  during  an  election  destroy  or 
remove  any  booth,  railing  or  other  convenience  provided  for  such 
election,  or  shall  induce  or  attempt  to  induce  any  person  to 
commit  any  of  such  acts  whether  or  not  any  such  acts  are  com- 
mitted or  attempted  to  be  committed  shall  be  guilty  of  a  misde- 
meanor, and  on  conviction  shall  be  punished  by  imprisonment 
for  not  less  than  six  months  nor  more  than  one  year. 


Section  34.     All  necessary  costs  and  expenses  incurred  by 
the  inspector  and  Clerks  of  the  Peace  in  carrying  into  effect  the  th^  ^ct  to  be 
provisions  of  this  Act  shall  be  paid  as  other  County  expenses  Sinty8  ex-  er 
are  paid,  except  however  the  ballots  ordered  to  be  printed  by  the  Penses 
County  Chairmen  of  the  various  political  parties  shall  be  paid 
for  by  such  political  party  as  shall  order  the  same. 


Section  35.     At   the  first   General   election  held  after  the          t°0f 


approval  of  this  Act,  it  shall  be  the  duty  of  the  Clerks  of  thepi.y  each  voter 
Peace  of  the  various  counties  to  mail,  as  soon  as  he  conveniently  baiiotaataifi?st 
can  after  the  last  registration  day  to  each  voter  registered  in 
county,  a  sample  ballot,  with  instructions  how  to  mark  and  vote 
the  same,  but  the  provisions  of  this  section  shall  apply  to  only 
the  next  preceding  election  after  the  approval  of  this  Act. 


94 


municipal  'eke-         Section  36.     This  Act  shall  apply  to  all  municipal  elections 
in  wii-    held  in  the  City  of  Wilmington,  but  it  shall  not  apply  to  the 


election  for  members  of  the  Board  of  Education  in  the  City  of 
Wilmington. 

Board  of  Edu-         Section  37.     All  acts  or  parts  of  acts  inconsistent  with  this 

Act  are  hereby  repealed,  provided,  however,  that  nothing  con- 

tained in  this  Act  shall  repeal,  alter  or  in  any  way  affect  the 

chapters  36     validity  of  Chapters  36  and  38,  Volume  21,  Laws  of  Delaware, 

not  affected'  2^  or  ^Y  °^  tne  provisions  thereof,  or  any  of  the  acts  amendatory 

thereof,  or  any  of  the  provisions  of  any  such  amendatory  acts. 

Approved  March  10,  A.  D.,  1913. 


95 


CHAPTER  42,  VOLUME  26. 

AN  ACT  fixing  the  compensation  of  Election  Officers  at  General  and  Special 
Elections  held  in  this  State. 

Be  it  enacted  by  tlie  Senate  and  House  of  Representatives  in 
General  Assembly  met: 

Section  1 .     From  and  after  the  approval  of  this  Act,  Judges  Compensation 
of  Election,  Inspectors  of  Election  and  Clerks  of  Election  shall  SffiS?01 
each  be  entitled  to  receive  Five  Dollars  for  each  day's  service 
rendered  by  them  in  holding  any  General  or  Special  election 
in  this  State  and  Three  Dollars  for  each  day's  service  rendered 
by  them  for  duties  required  of  them  or  any  of  them  on  any  other 
day  than  the  day  upon  which  such  general  or  special  election  is 
held. 

Section  2.     All  acts  and  parts  of  acts  inconsistent  with  the 
provisions  of  this  act  are  hereby  repealed. 

Approved  March  28,  A.  D.,  1911. 


96 


CHAPTER  396,  VOLUME  20.** 
AN  ACT  to  Further  Provide  for  the  Secrecy  and  Purity  of  the  Ballot 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the 
State  of  Delaware  in  General  Assembly  met: 


Who   may   be 


Abolished  Section  1.     (*) 

Provided,  that  any  person  who  shall  be  physically  unable  to 
prepare,  ***or  fold  his  ballot  by  reason  of  such  defective  eye- 
sight, or  the  loss  of  the  use  of  one  or  both  hands,  or  inability 
,  to  walk  with  safety  without  assistance,  as  manifestly  renders 
him  unable  to  prepare,  (**)  ***or  fold  his  ballot,  or  to  reach 
the  polling  place  alone  with  safety,  shall  be  permitted  to  bring 
with  him  into  the  election  room  and  booth  any  elector  (or  two 
electors  if  the  nature  of  the  disability  manifestly  requires  more 

Feigning  phys- than  one,  such  as  a  total  disability  to  walk)  of  the  polling  dis- 

mtsdwnSnor  trict  for  the  purpose  of  rendering  him  the  necessary  assistance. 
In  case  any  elector  shall  feign  any  of  such  physical  defects  he 

Punishment  shall  be  guilty  of  a  misdemeanor,  and  upon  conviction  thereof 
by  indictment  shall  be  fined  one  hundred  dollars  and  shall  be 
imprisoned  for  not  more  than  two  years. 


Printing  of 
ballots 


Stamping 
ballots 


Changing 
ballot 


Section  2.  That  all  ballots  hereafter  to  be  printed  under 
authority  of  any  law  of  this  State  for  use  at  any  general  or  spe- 
cial election  shall  be  so  printed  that  no  small  square  shall  be 
placed  opposite  the  name  of  any  person  on  any  ballot,  and  any 
elector  desiring  to  vote  at  any  such  election  shall  stamp  his  bal- 
lot in  the  large  square  enclosing  the  device  at  the  head  of  any 
ticket  printed  on  the  official  ballot,  and  may  cross  out  the  name 
of  any  person  appearing  on  the  said  ticket  under  the  square  so 
stamped  by  him,  and  if  he  so  desires,  may  insert  in  lieu  of  the 
name  so  crossed  out  the  name  of  any  other  person  nominated 
for  the  same  office  as  the  person  whose  name  is  crossed  out, 
using  only  a  black  lead  pencil  for  such  purpose.  And  it  is  hereby 
expressly  provided  that  if  in  lieu  of  the  name  of  any  person  so 
crossed  out  the  name  of  any  person  not  nominated  for  the  office 
for  which  he  is  thus  voted  and  whose  name  is  not  printed  on 
said  ballot,  the  ballot  containing  such  name  shall  be  treated  as 
Marked  ballot  and  is  hereby  declared  to  beAa  marked  ballot  and  void  and  shall 
not  be  counted. 


*  Amended.     See  Chapter  64,  Volume  22. 
**  See  Chapter  65,  Volume  27. 


97 

Challengers  to 

Section  3.     That   the   challengers   of   the   Democratic   and 
Republican  parties,  respectively,  chosen  for  any  general  or  spe- 
cial election  hereafter  to  be  held,  shall  be  Peace  officers  of  the 
State  with  the  same  powers  for  preserving  the  peace  as  Inspec- 
tors of  election  now  have,  and  in  the  election  districts  outside 
the  City  of  Wilmington,  the  xhallengers  shall  be  stationed  out- 
side the  entrance  to  the  polling  room,  and  shall  not  be  allowed  Resisting 
inside  of  said  room.      Any  person  resisting  such  challenger 
challengers  shall  be  deemed  guilty  of  a  misdemeanor  and  upon 
conviction  thereof  by  indictment  shall  be  fined  not  more  than 
one  hundred  dollars,  and  may,  at  the  discretion  of  the  court, 
imprisoned  for  a  term  not  exceeding  one  year.      *Such  challen-  j  count 
ger  shall  be  appointed  by  the  respective  county  committees 
the  two  leading  political  parties.  political  parties 

Section  4.     The  County  Committees  of  the  Democratic  andjudges,  how 
Republican  parties  in  each  county  shall  name  and  select  each  aselected 
Judge  of  Election  for  each  election  district  outside  of  the  City 
cf  Wilmington,   who   shall  be   appointed  and   qualified  at   the 
time  and  perform  the  duties  as  now  provided  by  law  of  Judges  of 
Election  in  the  districts  for  which  they  are  chosen  respectively. 

Section  5.  That  wherever  in  the  laws  of  this  State  relating  Words  defined 
to  general  or  special  elections  the  words  "principal  political  par- 
ties" now  occur,  or  words  equivalent  thereto  or  so  designating 
parties  shall  be  used,  the  same  shall  be  taken  to  designate  and  are 
hereby  declared  to  designate  the  Democratic  party  and  the 
Republican  party. 

Section  6.  That  the  Democratic  and  Republican  County 
Committees  may  each  select  and  designate  one  suitable,  repu- 
table  and  sober  person  as  a  special  officer  to  stand  at  the  entrance  polling  place 
of  the  polling  place,  to  be  not  less  than  thirty  feet  away  from 
the  entrance  to  the  voting  room  as  now  provided  by  law,  to  regu- 
late the  admission  of  persons  to  the  polling  place,  and  while  so 
stationed  and  performing  their  duties  as  herein  provided,  the 
persons  so  designated  shall  be  clothed  with  all  the  powers  of 
officers  of  the  peace  as  those  now  given  by  law  to  inspectors  of 
election,  and  any  person  resisting  such  special  officer  shall  be  ' 
deemed  guilty  of  a  misdemeanor,  and  upon  conviction  thereof 
by  indictment,  shall  be  fined  not  more  than  one  hundred  dollars 
and  may,  at  the  discretion  of  the  Court,  be  imprisoned  for  a  term 
not  exceeding  one  year. 

Section  7.  Before  the  hour  of  opening  the  polls  on  the  day 
of  election  and  at  the  time  of  opening  the  election  and  after- 
wards  at  any  time  during  the  day  of  the  election  and  before  the  act 

*  Amended.     See  Chapter  49,  Volume  26. 


98 

hour  of  closing  the  election,  if  any  person  or  persons  shall  enter 

the  voting  room  or  attempt  to  enter  the  same  for  the  purpose 

of  interfering  with  the  election  officers  in  the  discharge  of  their 

duties  as  such  or  for  any  purpose,  or  shall  attempt  to  molest, 

•  disturb  or  prevent  the  election  officers  from  proceeding  regularly 

with  any  general  or  special  election,  or  shall  take  charge  of  or 

attempt  to  take  charge  of  any  voting  room  within  the  time 

Misdemeanor    herein  mentioned  for  the  purpose  of  preventing  or  delaying  an 

election  or  for  any  other  purpose  on  election  day,  shall  be  deemed 

guilty  of  a  misdemeanor,  and  upon  conviction  thereof  shall  be 

Punishment      fined  not  less  than  three  nor  more  than  five  hundred  dollars, 

and  shall  be  imprisoned  for  a  term  not  exceeding  three  years, 

Each  party       provided,  that  a  single  representative  of  each  political  party, 

SnTedbeatr  the*"  having  nominated  a  ticket,   and  such  party  being  represented 

preparation  for  on  the  ballot  then  printed  for  any  general  or  special  election, 

eiectionnmg  °f  may  at  the  opening  of  the  election  be  present  to  aid  in  the  proper 

qualification  of  the  several  election  officers,  and  to  see  that  the 

ballot  boxes,  tickets,  blanks,  etc.,  are  all  in  proper  condition; 

but  as  soon  as  the  election  officers  shall  be  qualified  and  ready 

to  open  the  elections,  the  proper  hour  therefor  having  arrived, 

such  representatives  of  each  political  party  shall    immediately 

retire  from  the  election  room;    provided,  further,  that  such  per- 

sons may  first  vote  before  retiring  if  they  shall  so  desire. 

Clerks  of  Peace  Section  8.  That  in  addition  to  the  duties  now  required  of 
folded^  'tsthe  Clerk  of  the  Peace  in  said  county  relative  to  the  printing 
and  delivering  of  the  ballots,  each  of  said  Clerks  of  the  Peace 
shall,  before  delivering  said  ballots  to  the  several  inspectors  of 
his  county  as  now  required  by  law,  cause  said  ballots  to  be  folded 
in  one  uniform  manner  in  his  county,  in  convenient  form  to  be 
deposited  in  the  ballot  boxes,  and  so  folded  that  no  part  of  the 
face  of  the  ballot  shall  be  exposed. 

c?erkslsoff  eiec-         Section  9.     That  the  clerks  of  the  elections  shall  write  their 

tjon  on  back  of  initials  in  ink  across  the  back  of  the  ballot  as  folded,  and  near 

the  middle  thereof,  in  lieu  of  the  manner  in  which  they  have 

heretofore  been  required  to  do;    and  the  voter  before  leaving 

Folding  ballot  the  booth  or  compartment  shall  fold  his  ballot  as  near  as  he 

can  in  the  same  manner  in  which  it  was  handed  to  him;    but 

failing  to  do  this  he  must  fold  it  so  that  no  part  of  the  face  thereof 

shall  be  exposed  and  so  that  the  initials  of  the  clerks  of  the  elec- 

tion shall  be  exposed. 


Section  10.     In  case  any  elector  who  may  be  selected  to 
nature  of  vote  assist  any  person  by  reason  of  the  physical  defects  hereinabove 
mentioned  shall  reveal  how  such  elector  has  voted  or  what  per- 
son or  persons  were  voted  for  by  him  on  any  ballot  or  give  any 


99 

information  concerning  the  appearance  of  any  ballot  voted,  such 
elector  or  electors  so  offending  shall  be  guilty  of  a  misdemeanor  Misdemeanor 
and  upon  conviction  thereof  by  indictment  shall  be  fined  one 
hundred  dollars  and  shall  be  imprisoned  not  less  than  one  nor  Punishment 
more  than  three    ears. 


Section  11.     That    if    any    inspector   of    election,    judge 
election,  clerk  of  election  or  challenger,  shall  in  any  way  or  man-  ting  unlawful 
ner  or  by  any  means  or  device  whatsoever  make  known  or  com-  ac 
municate  by  any  means  whatsoever  or  shall  attempt  to  make 
known  or  communicate  by  any  means  whatsoever,  to  any  per- 
son or  persons  on  election  day  while  the  election  is  in  progress, 
or  at  any  time  thereafter,  how  any  elector  has  or  shall  have 
voted,  he  shall  be  guilty  of  a  misdemeanor,  and  upon  conviction  Misdemeanor 
thereof  he  shall  be  fined  not  less  than  one  hundred  dollars  and       .  . 

-  1  »    r  ".rumsnment 

may,  in  the  discretion  of  the  court,  be  imprisoned  for  a  term 
not  exceeding  one  year. 


Section  12.     That  if  any  person  other  than  the  election  Secreting 
officers  shall  secrete  or  attempt  to  secrete  himself  in  any  part  room 
of  the  polling  room  during  the  hours  of  the  election  for  any  pur- 
pose whatsoever,  he  shall  be  deemed  guilty  of  a  misdemeanor  Misdetneanor 
and  upon  conviction  thereof  he  shall  be  fined  not  less  than  one0 

..  •,-!  1  •  .  •  /•       1  ,1       Punishment 

hundred  dollars,   and  may  in  the  discretion  of  the    court  be 
imprisoned  for  a  term  not  exceeding  one  year. 

Section  13.     If  any  Clerk  of  the  Peace,  Inspector  of  Elec-  Any^.  violation 
tion,  Judge  of  Election,  Clerk  of  Election  or  challenger,  shall0 
wilfully  violate  any  of  the  provisions  of  this  act  in  the  perform- 
ance of  any  duty  herein  imposed  upon  him  for  the  violation  of 
which  no  other  punishment  is  now  provided  by  law,  he  shall  be  Misdemeanor 
deemed  guilty  of  a  misdemeanor  and  upon  conviction  thereof  he 
shall  be  fined  not  less   (than*)  three  nor  more  than  five  hun-  Punishment 
dred  dollars  and  may  in  the  discretion  of  the  court  be  imprisoned 
for  a  term  not  exceeding  two  years. 

Section  14.  That  all  acts  or  parts  of  acts  inconsistent  with 
this  act  are  hereby  repealed. 

Passed  at  Dover,  Mav  20.  1897. 


*  This  word  omitted  in  enrolled  bill. 


100 
CHAPTER  39,  VOLUME  21. 

AN  ACT  to  Enable  the  Qualified  Voters  in  the  Military  or  Naval  Service 
of  this  State  or  of  the  United  States  to  Exercise  the  Rights  of  Suffrage. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the 
State  of  Delaware  in  General  Assembly  met: 

Voters  engaged  Section  1.  That  whenever  any  of  the  qualified  voters  of 
mv^slrvlce01"  this  State  shall  be  engaged  in  the  military  or  naval  service  of 
this  State  or  of  the  United  States,  and  as  such  absent  from  the 
hundred,  election  district  or  ward  or  their  residence  on  the  days 
appointed  by  law  for  holding  County,  State,  Congressional  or 
Presidential  elections  within  this  State,  or  on  the  days  appointed 
in  writs  of  election  issued  by  the  presiding  officer  of  either  house 
of  the  General  Assembly  or  the  Governor  for  holding  special 
elections  to  fill  vacancies,  such  qualified  voters  shall  be  entitled 
at  such  time  to  exercise  the  right  of  suffrage  as  fully  as  if  they 
Right  to  vote  were  present  at  their  usual  places  of  election,  notwithstanding 
any  provisions  to  the  contrary  in  any  act  or  acts  now  in  force. 

Section  2.  A  poll  shall  be  opened  in  each  company  at  the 
quarters  of  the  captain  or  other  commanding  officer  thereof,  and 
all  electors  belonging  to  such  company  who  shall  be  within  two 
miles  of  such  quarters  on  the  day  of  the  election,  shall  vote  at 
such  poll,  and  at  no  other  place;  officers  other  than  those  of  a 
company,  and  other  voters  detached  and  absent  from  their 
companies  on  duties  which  will  not  permit  them  to  return  to  their 
companies,  may  vote  at  such  of  the  said  polls  as  may  be  most 
convenient  to  him. 

Hours  of  voting  Section  3.  The  polls  shall  be  open  at  ten  o'clock  in  the 
morning  and  close  at  five  o'clock  in  the  afternoon. 

?ppSntnmtnf  of  Section  4.  At  ten  o'clock  in  the  morning  on  the  day  of 
election  officers  election  the  voters  present  at  each  of  the  polling  places  afore- 
said, shall  elect  viva  voce  three  persons  present  at  the  time,  and 
having  the  qualifications  of  electors  in  this  State  for  the  judges 
of  said  election;  and  the  judges  so  elected  shall  then  appoint 
two  of  the  remaining  qualified  electors  present  to  act  as  clerks 
of  said  election. 

Oath  of  officers  Section  5.  Before  any  votes  shall  be  received  said  Judges 
and  Clerks  shall  each  make  the  oath  or  affirmation  required  by 
the  election  laws  of  this  State  to  be  taken  by  persons  serving  in 
the  capacity  of  election  officers,  which  oath  or  affirmation  any 
of  the  Clerks  or  Judges  herein  provided  for  may  administer  to 
each  other,  and  said  oath  or  affirmation  shall  be  in  writing  signed 
by  said  Judges  and  clerks  taking  the  same  and  shall  be  returned 
to  the  proper  officer  of  this  State  with  the  ballots  and  other 
papers  of  the  election  returns. 


101 

Section  6.     All  elections  shall  be  by  ballot  and  the  Judges  Ballot 
of  election  may,  and  upon  challenge  of  any  voter  shall  examine  Challenge 
under  oath  such  voter  (which  oath  any  of  the  Judges  may  admin- 
ister) in  respect  to  his  right  and  his  qualifications  to  -vote  in  the 
particular  hundred,   election  district  of  this  State  in  which  he 
claims  residence. 


Section  7.  At  each  polling  place  three  poll  lists  shall 
kept,  one  for  each  county  in  this  State,  and  plainly  labeled  as 
such  at  the  top  of  the  list.  The  two  Clerks  shall  keep  duplicate 
lists,  when  a  vote  is  deposited  in  the  ballot  box,  the  name  of  the 
first  voter  shall  be  entered  on  the  list  of  the  county  in  which  he 
claims  his  residence,  and  in  front  of  such  name  shall  be  placed  Entries 
number  one  and  the  second  person  whose  vote  is  taken  as  of 
that  county,  shall  have  his  name  so  entered  and  numbered  two; 
and  so  on  the  poll  lists  for  each  county  shall  be  kept.  And  in 
addition  thereto  the  name  of  the  hundred  or  election  district  in 
which  the  voter  claims  his  residence,  and  the  name  and  number 
of  the  company  and  regiment  to  which  he  belongs  shall  be  entered 
opposite  his  name. 

As  soon  as  the  ballot  of  the  voter  has  been  deposited  in 
the  ballot  box,  the  Clerk  shall  check  his  name  off  the  list  of 
voters. 

Section  8.  The  Judge  to  whom  the  voter  shall  give  his  bal- 
lot,  shall  pronounce  the  name  of  the  voter  in  a  clear  and  dis- 
tinct voice  and  if  the  Clerks  shall  find  his  name  on  the  authorized 
list  of  Registered  Voters,  and  no  objection  shall  be  made  to  his 
voting,  the  Judge  shall  deposit  his  ticket  in  the  ballot  box.  If 
any  objection  is  raised  to  the  right  of  the  party  to  vote  the  Judge 
shall  determine  the  matter  by  the  same  authority  but  under 
the  same  restrictions  as  other  Judges  of  election  sitting  in  the 
State. 

Section  9.     At  the  close  of  the  polls,  the  poll  lists  of  each  ™£*ting  of 
county  shall  be  counted  and  the  number  of  names  of  voters 
thereon  written  in  words  at  the  foot  of  the  lists,  and  the  lists 
shall  be  signed  by  the  Judges  and  Clerks  under  oath  or  affirma- 
tion declaring  them  to  be  true  and  correct  lists  of  those  from  Signing  lists. 
whom  they  have  accepted  ballots,  and  any  blank  spaces  on  suchetc 
lists  between  the  names  of  the  voters,  and  the  election  officers 
shall  be  checked  through  in  ink. 

Section  10.     After  the  poll  lists  are  signed  the  ballot  boxes  g?iSTion  °f 
shall  be  opened,  the  ballots  taken  out  one  at  a  time,  and  merely 
separated  into  three  lots  according  to  the  county  into  which 
they  are  to  he  counted.      A  count  shall  be  kept  of  the  number 


102 


Count 


Envelopes 


Certificates 


of  ballots  for  each  county  (without  making  any  count  of  the 
candidates  voted  for).  The  ballots  when  so  separated  and 
counted  shall  be  placed  in  heavy  envelopes,  specially  prepared 
for  the  purpose.  The  Judges  shall  then  certify  under  oath  or 
affirmation  as  to  the  number  of  votes  returned  by  them  for  the 
respective  counties  of  the  State,  this  certificate  together  with 
Securing  ballots  "the  lists  of  those  who  voted  as  kept  by  the  Clerks,  shall  be  placed 
in  envelopes  m  such  envelopes.  The  envelopes  shall  be  marked  plainly  in 
the  name  of  the  prothonotary  of  the  proper  county;  it  shall  be 
sealed  and  held  by  them  jointly  until  collected  by  the  persons 
assigned  by  the  Governor  of  this  State,  as  Election  Messenger, 
to  go  upon  the  field  and  collect  these  returns  which  shall  be  depos- 
ited by  them  in  a  lock  pouch,  which  shall  be  locked  with  two 
locks  having  different  keys  and  one  key  shall  be  kept  in  the  pos- 
session of  a  representative  of  one  political  party  and  the  other 
key  shall  be  kept  in  the  possession  of  a  representative  of  another 
political  party.  These  persons  so  designated  by  the  Governor 
to  collect  these  election  returns,  shall  have  three  pouches,  in 
one  s^a^  be  placed  the  .returns  for  each  county.  As  soon  as 
they  have  gathered  the  election  returns  they  shall  lock  the  pouches 
and  shall  take  them  jointly  with  the  greatest  speed  to  the  Pro- 
thonotary of  the  county  to  which  they  belong;  notifying  the 
Prothonotary  in  advance  upon  what  train  to  expect  the  returns 
if  they  are  to  be  brought  in  by  train. 


Collection  of 


Locked  pouch 


Collection  and 
conveying  of 
returns 


Delivery  to 
Boa.d  of  Can- 
vass 


Section  11.  The  Prothonotary  of  the  county  receiving  the 
returns  shall  keep  them  as  other  election  returns  of  the  State 
received  by  him,  and  shall  deliver  them  to  be  counted  by  the 
Board  of  Canvass  which  shall  open  the  ballots  and  count  them 
as  other  election  returns  made  from  voting  precincts  within  the 
State. 


Appointment  Section  12.     The    Governor    shall    at    a    suitable    time    in 

viaifcaim>8  °  advance  of  the  election  designate  two  persons  who  shall  be  mem- 
with  i  ots,  kers  of  different  political  parties,  whose  duties  it  shall  be  to  visit 
any  encampment  contemplated  in  this  Act,,  (a'nd  where  there  is 
more  than  one  such  encampment,  the  Governor  shall  designate 
two  such  persons  for  each  encampment,  whose  duty  it  shall  be 
to  take  ballots  to  such  encampments  to  be  delivered  at  each 
voting  place,  together  with  copies  of  the  registration  lists  of  the 
counties  of  this  State,  and  other  forms,  blank  forms,  papers  of 
To  collect  votes  information  and  paraphernalia  necessary  to  be  had  at  a  place 
of  election.  The  parties  so  appointed  shall  at  the  close  of-  the 
polls  collect  under  seal  the  votes,  certificates  and  poll  lists  so 
designated  above  and  return  them  to  this  State  as  above  desig- 
nated. 


'"Section  13.     The  ballots  used  at  the  pulls  herein  provided^45 


of    ballot 


for  shall  be  the  style  of  ballot  used  in  this  State  just  prior  to  the 

adoption  of  the  Australian  ballot  system.      They  shall  be  uni- 

form as  to  size  and  color  of  paper.     Printed  lists  of  all  the  offi- 

cers nominated  by  the  different  political-  parties  throughout  the  List  of  nomi- 

State  shall  be  furnished  to  be  posted  at  each  polling  place  forne 

the  convenience  of  the  voters. 


Section  14.     The  registration  officers  of  this  State  shall  keep 
during  the  registration  of  voters,  separate  lists  of  all  those  whose  separate  list  of 
names  that  have  been  registered  by  them  as  returned  for  regis-?umedrby 
tering  by  the  Auxiliary  Registrar  provided  under  the  laws  of^Hary  i 
this  State,  for  the  registering  of  citizens  in  the  military  or  naval 
service  of  this  State,  or  of  the  United  States.      Copies  of  such 
lists  shall  be  furnished  the  Clerk  of  the  Peace  of  the  county  and 
he  shall  have  a  composite  list  of  all  such  names  made  and  fur- 
nished to  the  election  officers  at  the  polls  provided  for  in  this  Clefrkra°g  hpeace 
act.      He  shall  also  furnish  them  complete  lists  of  the  registra-  copies,  <*c. 
tions  of  the  county  in  order  that  the  name  of  any  soldier  may  be 
found  who  enlisted  since  having  registered  as  a  voter. 

Section  15.     The  persons  to  be  appointed  by  the  Governor  fJS^er 
in  Section  12  of  this  act,  shall  be  commissioned  by  him  as  Elec- 
tion  Messenger  and  shall  take  their  commission  with  them  as 
evidence  of  authority  when  their  authority  is  questioned.     They  oath,  etc. 
shall  be  sworn  and  shall  qualify  as  other  election  officers. 


Section  16.  If  any  person  shall  at  the  election  herein  pro- 
vided  for  violate  the  election  laws  of  this  State  by  voting  or 
attempting  to  vote  more  than  once  at  any  election,  falsifying  the 
count  or  returns  in  any  manner,  they  shall  upon  conviction  be  penaity 
disfranchised  for  a  period  of  ten  years  from  the  date  of  such 
conviction. 

Section  17.     The    election   messenger    herein   provided   for  compensation 
shall  be  paid  a  per  diem  equivalent  to  that  paid  to  a  judge  of  of  messenger 
election  and  shall  be  allowed  and  paid  by  the  State  Treasurer 
such  sum  for  traveling  expenses  allowed  them  and  approved  by 
the  State  Auditor  upon  vouchers  of  necessary  expenditure  sub- 
mitted by  them. 

Section  18.     When  two  or  more  ballots  are  found  folded  or  Double  ballots 
rolled  together  they  shall  be  adjudged  fraudulent  and  not  returned. 
The  election  officers  shall  note,  in  their  returns,  the  number  of 
rolls  or  folds  of  ballots  so  thrown  out  as  fraudulent,  in  order  to 

*Amended.     See  Chapter  65,  Volume  27. 


104 

account   for   any    discrepancy    between   the    number   of    voters 
reported  by  them  and  the  number  of  ballots  returned  by  them. 

Section  19.     All  acts  or  parts  of  acts  inconsistent  with  this 
act  are  hereby  repealed. 

Approved  June  25,  1898. 


CHAPTER  393,  VOLUME  20.* 

AN  ACT  to  Provide  for  the  Purity  of  Primary  Elections  in  New  Castle 

County. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the 
State  of  Delaware  in  General  Assembly  met: 

Section  1.  A  primary  election  within  the  meaning  of  this 
act  is  an  assemblage  of  voters  who  are  members  of  any  political 
party,  organization  or  association  duly  convened  for  the  pur- 
pose of  nominating  a  candidate  or  candidates  for  public  office, 
or  for  the  purpose  of  selecting  delegates  or  representatives  to 
any  political  convention  thereafter  to  be  held  for  the  purpose  of 
selecting  candidates  as  aforesaid,  which  at  the  last  general  elec- 
tion before  the  primary  election  polled  at  least  ten  per  centum 
of  the  entire  vote  of  the  State,  or  any  division  or  sub-division 
thereof,  for  which  the  nominations  are  made. 

TO  be  by  ballot  Section  2.  That  all  primary  elections  hereafter  to  be  held 
by  any  political  party,  organization  or  association,  for  the  pur- 
pose of  nominating  or  selecting  candidates  to  be  voted  for  at 
any  subsequent  election,  or  for  the  purpose  of  selecting  delegates 
or  representatives  to  any  political  convention  thereafter  to  be 
held  for  the  purpose  of  selecting  candidates  as  aforesaid,  shall 
Throughout  be  by  ballot.  The  primary  election  for  any  political  party, 
t?mety  at  same  organization  or  association  for  the  nomination  of  the  same  class 
of  candidates  to  be  voted  for  at  any  subsequent  election,  or  for 
the  selection  of  delegates  or  representatives  to  any  political  con- 
vention thereafter  to  be  held  for  the  purpose  of  selecting  can- 

*  See  Act  extending  provisions  to  Kent  and  Sussex  Counties,  Chapter  66,  Volume  27. 


105 

didates  as  aforesaid,  shall  be  held  in  the  several  hundreds  at  the  Notice 
same  time.      Notice  of  the  time  and  places  for  holding  all  pri- 
mary elections  shall  be  given  by  publishing  the  same  once  each 
day  for  at  least  five  days  before  the  time  of  holding  the  same, 
in  one  or  more  daily  newspapers  printed  in  New  Castle  County. 
No  two  political  parties,  organizations  or  associations  shall  hold  NO  two  parties 
their  primary  election  on  the  same  day.     The  number  of  days0" 
that  shall  be  allowed  for  holding  primary  elections  to  nominate 
persons  to  be  voted  for  at  a  general  election  and  to  nominate 
persons  to  be  voted  for  at  municipal  elections  in  the  City  of 
Wilmington,    shall    not    exceed   two    for    each    political    party,  xot  more  than 
organization  or  association  in  any  one  year.  SSi  j£rtyfor 

Section  3.     That  every  primary  election  hereafter  to  be  held  £^  Jfeldel^ 
by  any  political  party,  organization  or  association  for  the  pur-  tion 
pose  of  nominating  or  selecting  candidates  by  ballot  to  be  voted 
for  at  any  subsequent  election,  or  for  the  purpose  of  selecting 
delegates  or  representatives  to  any  political  convention  there- 
after to  be  held  for  the  purpose  of  selecting  candidates  as  afore- 
said, shall  be  held  by  a  Board  of  Election  officers  consisting  of  HOW  composed 
one  inspector,   who  shall  be  a  judge  and  the  presiding  officer, and  app°inted 
and  two  other  judges  at  each  voting  precinct;    and  if  it  should 
so  happen  that  but  one  person  as  presiding  officer  or  judge  should 
have  been  appointed  by  such  political  party,   organization  or 
association    to    hold    such    primary    election,    or    having    been 
appointed  and  being  absent,  the  electors  there  present  at  the 
hour  appointed  for  opening  such  primary  election  shall  proceed 
without  ballot  to  choose  from  among  the  qualified  voters  of  the 
election  district  there  present  a  presiding  officer,  judge  or  judges, 
as  the  case  may  require  and  in  choosing  such  presiding  officer, 
judge  or  judges,  two  qualified  voters  of  the  district  to  be  nomi- 
nated and  appointed  by  the  electors  shall  be  the  judge  or  judges. 

Section  4.  That  the  inspector  of  each  election  district  for  inspector 
all  primary  elections  hereafter  held  in  New  Castle  County,  (out- 
side the  City  of  Wilmington)  under  the  direction  of  any  politi- 
cal party,  organization  or  association  shall  be  the  person  who 
was  the  candidate  of  the  political  party,  organization  or  asso- 
ciation holding  such  primary  election  for  the  office  of  inspector 
at  the  general  election  next  preceding  such  primary  election; 
provided,  that  in  cases  where  the  primary  election  is  held  with- 
out regard  to  the  division  of  any  hundred  into  election  districts 
for  general  election  purposes,  trie  person  who  was  the  candidate 
for  the  office  of  inspector  as  aforesaid,  for  the  election  district  in 
which  the  place  of  voting  at  such  primary  election  is  situated  shall 
be  the  inspector  of  such  primary  election.  The  two  judges,  as 
provided  by  Section  three  of  this  act,  shall  be  appointed  by  the 
regularly  organized  and  constituted  County  Committee  or'gov- 


106 

erning  authority  of  the  political  party,  organization  or  associa- 
judge?mr  and  tion  holding  such  primary  election.      The  inspector  and  judges 
Wilmington      of  all  primary  elections  hereafter  held  in  the  City  of  Wilmington 
shall  be  appointed  by  the  regularly  organized  and  constituted 
County  Committee  or  governing  authority  of  the  political  party, 
organization  or  association  holding  such  primary  election,  from 
the  persons  designated  to  conduct  the  next  subsequent  general 
Terms  of  office  eiection.     The  term  of  office  of  said  inspectors  and  judges  shall 
be  for  one  year.      Said  committee  or  governing  authority  shall 
designate  which  person  shall  act  as  inspector,  and  which  per- 
Ouaiifioations    sons  sna^  ac't  as  judges  of  such  primary  elections.     The  persons 
so  appointed  shall  be  residents  of  the  primary  election  district 
for  which  they  are  appointed.      In  all  cases  when  primary  elec- 
tion officers  are  appointed  as  herein  provided,  representations* 
of  the  interest   of   each   candidate  shall   be   as   nearly   equally 
divided  as 'possible  as  to  the  board  of  election  officers.      If  any 
Vacancy          person  designated  in  this  section  to  be  inspector  of  any  primary 
election  shall  die,  remove  from  his  primary  election  district,  or 
be  for  any  reason  physically  unable  to  attend  in  his  primary 
election  district  at  any  primary  election  held  by  his  political 
party,  organization  or  association,  then  the  regularly  organized 
and  constituted  County  Committee  or  governing  authority  of 
the  political  party,  organization  or  association  holding  such  pri- 
mary  election  shall   appoint   an  inspector   to   fill   the   vacancy 
Primary  eiec-   thereby  created.     If  any  political  party,  association  or  organiza- 
notn  hlvmgrtin  tion  desires  to  hold  a  primary  election  for  the  purpose  of  nomi- 
inspector          nating  candidates  for  public  office,  and  there  is  no  recognized 
member  of  said  political  party,  association  or  organization  among 
the  persons  designated  in  this  act  to  serve  as  inspectors  and 
judges  of  such  primary  elections,  or  not  a  sufficient  number  of 
recognized  members  for  said  purpose,  then  the  regularly  organ- 
ized and  constituted  County  Committee  or  governing  authority 
of  such  political  party,  association  or  organization  shall  appoint 
the  inspector  and  judges   to   hold  such  primary  election.      In 
Refusal  of  ap-case  of  refusal  or  neglect  on  the  part  of  any  person  designated 
0  actby  this  act  or  appointed  pursuant  to  the  provisions  hereof  to  be 
an  inspector  or  judge,  as  the  case  may  be,  of  any  primary  elec- 
tion, to  qualify  according  to  the  requirements  of  this  act,  or  to 
Penalty  serve,  or  to  act,  he  shall  be  liable  to   a  penalty  of  two   hundred 

HOW  recovered  dollars,  recoverable  by  the  County  Treasurer  of  New  Castle 
County,  by  civil  action  in  any  court  of  record,  in  the  name  of 
the  County  Treasurer  and  for  the  use  and  benefit  of  New  Castle 
what  deemed  County;  and  the  failure  on  the  part  of  any  such  person  to  com- 
ply with  any  of  the  requirements  of  this  act,  preliminary  to 
opening  the  polls,  or  to  attend  on  the  day  of  any  primary  elec- 
tion during  his  term,  unless  prevented  1>  ,:s  cr  other  suffi- 

*  So  enrolled. 


107 

cieni  cause,  the  burden  of  proof  of  which  shall  be  upon  the  delin- 
quent, shall  be  deemed  a  refusal  within  the  meaning  of  this  act. 
The  election  officers  whose  appointment  is  provided  for  in  this 
section,  shall  be  appointed  at  least  t\vo  weeks  before  such  primary 
election  is  to  be  held. 

Section  5.     That  before  opening  the  election,  the  presiding  Oath  of  officers 
officers  and  judges  shall  each  take  and  subscribe  an  oath  accord- 
ing to  the  following  form,  viz.:    I  do  solemnly  swear  (or  affirm) 

that  in  the  primary  election  to  be  held  on  the 

day  of A.  D ,  I  will  not  knowingly  or  wil- 
fully receive  or  consent  to  the  receiving  of  the  vote  of  any  alien, 
and  also  that  I  will  not  receive  or  consent  to  the  receiving  of 
the  vote  of  any  person  whom  I  shall  believe  not  entitled  to  vote, 
unless  my  associates  shall  adjudge  such  person  to  be  entitled  to 
vote.  That  I  will  not  receive  or  reject,  nor  concur  in  receiving 
or  rejecting  any  vote  through  partiality  or  under  bias  and  that 
I  will  determine  every  matter  that  shall  come  before  me  and 
perform  every  act  and  duty  by  law  required  of  me,  touching  the 
said  primary  election,  truly,  faithfully  and  impartially,  accord- 
ing to  the  best  of  my  skill  and  judgment;  that  I  will  cause  the 
ballots  that  shall  fte  taken  at  said  primary  election  to  be  fully 
read  and  ascertained,  and  a  true  statement  thereof  to  be  made, 
according  to  the  best  of  my  knowledge  and  ability;  that  I  have 
not  received,  nor  will  not  receive  directly  or  indirectly  from  or 
through  any  candidate  to  be  voted  for  at  said  primary  election, 
or  any  representative  of  any  such  candidate  or  other  person, 
any  money,  pay,  or  other  valuable  thing  or  reward;  that  I  have 
not  been  promised,  or  in  any  manner  been  led  to  believe  that  I 
will  at  any  time  directly  or  indirectly  receive  any  money,  pay, 
or  other  valuable  thing  or  reward  from  such  candidate  or  repre- 
sentative of  such  candidate  or  other  person  other  than  that  pro- 
vided by  this  act,  and  if  I  shall  discover  any  partiality,  unfair- 
ness or  corruption  in  the  conducting  of  the  said  primary  election, 
I  shall  disclose  the  same  to  the  executive  authority  that  shall 
have  directed  the  holding  of  the  said  primary  election,  "and  to  the 
Attorney  General,  to  the  end  that  the  subject  may  be  investi- 
gated, so  help  me  God  or  (so  I  solemnly  affirm). 

Section  6.     That  each  of  the  said  judges,  after  being  duly  cierks 
qualified,  shall  choose  one  clerk  of  the  primary  election  to  be 
held,  to  whom  the  presiding  officer  or  one  of  the  judges  who  is 
hereby  authorized  to  administer  the  same,  shall  on.  the  day  of 
such  primary  election  administer  the  oath  or  affirmation,  which 
shall  be  subscribed  as  follows,   viz.:    I   do  solemnly  swear   (oroaths 
affirm)  that  as  clerk  of  this  primary  election  to  be  this  day  held, 
I  will  not  use  or  assent  to  anv  falsehood,  fraud  or  deceit,  and 


108 

that  I  will  keep  the  polls  and  perform  my  duties  truly,  faithfully 
and  impartially,  so  help  me  God  (or  so  I  solemnly  affirm). 


Section  7.     That  the  regularly  organized  and  constituted 
officers  County  Committee  or  governing  authority  of  any  political  party, 

organization  or  association  holding  such  primary  election  shall, 
at  any  time  within  ten  days  of  the  day  that  the  first  primary 
election  is  held  in  each  year  of  a  general  election,  appoint  one 
person  for  each  Levy  Court  district  in  New  Castle  County  as 
a  Qualifier  of  Primary  Election  Officers,  whose  duty  it  shall 
be  to  administer  to  the  inspectors  and  judges  of  the  primary 
elections  held  in  their  •  respective  districts  the  oath  or  affirma- 
tion prescribed  in  Section  five  of  this  act,  and  shall  deliver  to  the 
chairman  of  the  committee  or  governing  authority  appointing 
him  the  oaths  or  affirmations  subscribed  by  the  inspectors  and 
judges  as  aforesaid,  on  or  before  twelve  o'clock  noon  on  the 
day  previous  to  such  primary  election.  Each  person  so  appointed 
shall,  upon  the  certification  by  the  chairman  of  the  committee 
or  governing  authority  appointing  him,  that  such  person  has 
performed  the  duties  required  of  him  by  this  act,  be  paid  by  the 
Levy  Court  of  the  county  in  which  he  shall  reside  the  sum  of 

Compensation     ten  dollars. 


HOW  admin- 


Oath  of  officer  In  case  any  inspector  or  judge  is  chosen  by  the  electors 
present  at  the  time  of  opening  the  primary  election,  pursuant 
to  Section  three  of  this  act,  the  oath  or  affirmation  prescribed  in 
Section  five  of  this  act  shall  be  administered  to  the  inspector 
or  judge  so  chosen  by  any  officer  of  primary  elections  there 
present  who  has  been  qualified  by  the  Qualifier  of.  Primary  Elec- 
tion Officers,  the  said  officer  being  hereby  empowered  to  admin- 
ister said  oath  or  affirmation;  and  in  case  there  is  no  such  quali- 
fied officer  there  present  the  said  oath  or  affirmation  shall  be 
administered  to  the  judges  by  the  presiding  officer,  and  by  one 
of  them  to  him,  each  of  whom  are  hereby  empowered  and  directed 
to  administer  such  oaths  or  affirmations. 


Oath  of  quaii-  Section  8.  The  person  appointed  Qualifier  of  Primary  Elec- 
tion Officers,  pursuant  to  the  provisions  of  Section  seven  of  this 
act,  shall  within  two  days  after  the  appointment  and  before 
entering  upon  his  duties,  take  and  subscribe  an.  oath  (or  affir- 
mation) according  to  the  following  form,  viz.  : 


I  do  solemnly  swear  (or  affirm)  that,  as  Qualifier  of  Primary 
Election  Officers,  I  will  not  use  or  assent  to  any  falsehood,  fraud, 
or  deceit,  and  that  I  will  perform  my  duties  truly,  faithfully 
and  impartially,  so  help  me  God,  (or  so  I  solemnly  affirm). 


109 

The  oath  or  affirmation  prescribed  in  this  section  shall  be  g™edadmin- 
administered  by  the  chairman  of  the  regularly  organized  and 
constituted  County  Committee  or  governing  authority  of  the  chairman  of 
political  party,  organization  or  association  for  which  said  Qual-m°Jteeymay<ad" 
ifier   of   Primary   Election   Officers   was   appointed.      The   said  ££1Soathser~ 
chairman  is  hereby  empowered  and  directed  to  adminsiter  oaths 
and  affirmations  pursuant  to  the  provisions  of  this  act.      Any  Failure  of  quai- 
person   appointed   Qualifier   of   Primary   Election   Officers   whooith*0 
shall  fail  to  qualify  as  aforesaid,  shall  upon  conviction  therefor, 
be  adjudged  guilty  of  a  misdemeanor,  and  shall  be  punsihed  for  Misdemeanor 
each  such  offence  by  a  fine  not  exceeding  one  hundred  dollars.    Punishment 


Section  9.     That  the  time  for  the  registrars  to  sit  alone  i 
New  Castle  County  (outside  the  City  of  Wilmington)  for  ascer-  County  by  ' 
taining  and  registering,  under  the  provisions  of  Chapter  thirty-  reglst 
eight,  Volume  nineteen,  Laws  of  Delaware,  the  persons  who  are 
or  may  become  qualified  to  enjoy  the  right  of  an  elector  at  the 
general  election  shall  be  on  three  successive  Saturdays,  begin- 
ning with  the  first  Saturday  in  August  next  preceding  the  gen- 
eral election.     That  the  time  for  the  board  of  registration,  pro-sy  board  of 
vided  for  by  Chapter  thirty-eight,  Volume  nineteen,   Laws  of  registration 
Delaware,  to  sit  for  the  performance  of  the  duties  required  by 
said  board  of  registration  under  existing  law,  shall  be  on  the 
last  Friday  and  Saturday  of  the  month  of  August  next  preced- 
ing the  general  election,  and  on  the  third  Saturday  of  the  month 
of  October  next  preceding  the  general  election.      In  order  to 
fix  and  ascertain  the  persons  who  are  to  be  the  associate  officers  Judges  of  eiec- 
of  registration  in  and  for  New  Castle  County,  pursuant  to  Chapter  county  N'  C' 
thirty-eight,  Volume  nineteen,  Laws  of  Delaware,  the  two  judges  to.  b*  ,aP-  T  , 

e    ,t'  1       1  i-  1         r>         •  -i  pointed  in  July 

of  the  general  election  directed  to  be  chosen  by  Section  eleven 
of  Chapter  eighteen  of  the  Revised  Code,  shall  continue  in  the 
manner  directed  by  Section  fourteen,  of  Chapter  thirty-eight, 
Volume  nineteen,  Laws  of  Delaware,  except  that  in  and  for 
New  Castle  County  the  said  judges  shall  be  chosen  in  the  month 
of  July  instead  of  the  month  of  September  as  heretofore,  and  all  bet 
the  duties  directed  to  be  performed  by  Section  fourteen  of  Chapter  in  Jul^ 
thirty-eight  of  Volume  nineteen,  Laws  of  Delaware,  in  the  month 
of  September,  shall  be  performed  in  the  month  of  July  so  far  as 
the  performance  of  said  duties  apply  to  New  Castle  County. 

Section  10.  That  the  time  for  the  ascertainment  and  reg-  tTi™nf 
istration,  pursuant  to  the  provisions  of  Chapter  thirty-nine, 
Volume  nineteen,  Laws  of  Delaware,  of  the  persons  residing  in 
the  City  of  Wilmington  who  are  or  may  become  qualified  to  enjoy 
the  right  of  an  elector  at  the  general  election,  shall  hereafter  be 
on  three  successive  Saturdays,  beginning  with  the  second  Sat- 
urday in  the  August  next  preceding  the  general  election,  and 
on  the  third  Saturday  in  the  October  next  preceding  the  general 


110 

I 

election.      That  the  inspectors  of  election  for  the  City  of  Wil- 
appointed        mington  shall   hereafter  be   appointed  by   the   Department   of 
Elections  for  said  city  in  the  month  of  June  in  each  year  in  which 
a  general  election  is  held. 

qu°liffiged0vSe?s  Section  11.  That  the  Sheriff  of  New  Castle  County  shall, 
for  primary ^  in  addition  to  the  registers  and  things  he  is  now  required  by 
side  of  wa- "  law  to  furnish  to  the  registrar  of  each  hundred  or  election  dis- 
mington  trjct  of  his  county  (outside  of  the  City  of  Wilmington),  here- 

after, before  the  first  day  of  any  registration  of  voters  of  said 
county  (outside  of  the  City  of  Wilmington)  made  under  the  pro- 
visions of  Chapter  thirty-eight,  Volume  nineteen,  Laws  of  Dela- 
ware, as  amended  by  this  act,  prepare  and  furnish  two  books 
for  each  of  said  registrars  in  New  Castle  County  (outside  of  the 
City  of  Wilmington)  to  be  known  by  the  name  of  "Voting  Books 
of  Qualified  Voters  for  Primary  Elections,"  for  alphabetical  lists 
of  all  persons  whose  names  may  be  entered  on  the  registers  pur- 
suant to  Chapter  thirty-eight,  Volume  nineteen,  Laws  of  Dela- 
Entnes  ware.  Said  books  shall  be  ruled  in  parallel  columns  and  so 

arranged  as  to  admit  of  the  convenient  entry  in  alphabetical 
order  of  the  name  of  every  person  who  may  be  entered  on  the 
register  aforesaid  as  a  "qualified  voter"  or  "may  become  quali- 
fied voter",  and  in  the  parallel  column  opposite  the  name  of 
such  person  the  following  particulars,  to  wit:  First,  his  resi- 
dence; second,  his  color*;  third,  the  day  of  his  registration. 
Said  books  shall  contain  six  parallel  columns  for  the  entry  of 
the  word  "voted",  together  with  the  date  of  voting.  When 
any  registrar  or  board  of  registration,  at  any  of  the  sittings 
hereinbefore  provided,  shall  enter  in  his  register  the  name  of 
any  applicant  for  registration  as  a  "qualified  voter"  or  "may 
become  qualified  voter",  he  shall  immediately  thereafter  enter, 
in  the  presence  of  such  applicant,  if  he  remains  in  attendance, 
in  its  proper  alphabetical  place  in  the  "Voting  Book  of  Quali- 
fied Voters  for  Primary  Elections"  hereinbefore  provided  for, 
the  name  of  such  applicant  and  also  his  residence,***  and  date 
TO  be  compared  of  registration.  The  said  two  ' '  Voting  Books  of  Qualified  Voters 

and  certified       -        J?  .  „. ,         .          ,,<-n,  -i-/~i  .,  1 

how  for  Primary  Elections     shall  be  compared  and  certified  on  the 

last  day  of  registration  in  the  month  of  August,  in  the  same 

manner  and  by  the  same  persons  as  now  required  by  Section 

fifteen  of  Chapter  thirty-eight,  Volume  nineteen,  Laws  of  Dela- 

TO  be  delivered  ware.      It  shall  be  the  duty  of  the  registrar,  within  one  secular 

to  Sheriff         (jay  after  the  certification  by  the  board  of  registration  as  herein 

required,  to  deliver  to  the  Sheriff  of  New  Castle  County,  who 

shall  safely  keep  the  same,  the  two  "Voting  Books  of  Qualified 

Voters  for  Primary  Elections"  required  by  this  act. 


*  Amended.     See  Chapter  64,  Volume  22. 


Ill 

Section  12.     That  the  Department  of  Elections  for  the  City  gggg™e£  of 
of  Wilmington  shall,  in  addition  to  the  registers  and  things  they  furnish  voting 
are  now  required  by  law  to  furnish  to  the  inspectors  of  elections  &S  voters^oV 
in  said  city,  hereafter,  before  the  first  day  of  any  registration  Jjj™1^  $£ 
of  voters  of  said  city  made  pursuant  to  the  provisions  of  Chapter  mington 
thirty-nine,   Volume  nineteen,   Laws  of  Delaware,   as  amended 
by  this  act,  prepare  and  furnish  to  the  inspectors  of  elections  in 
every  election  district,   in  said  city,   now  existing  or  hereafter 
created,   two   "Voting   Books   of   Qualified  Voters  for   Primary  Form 
Elections",  said  books  being  in  the  same  form  as  designated  in 
Section  eleven  of  this   act.      The  said  two   "Voting  Books  of 
Qualified  Voters  for  Primary  Elections",  shall  be  compared  byj°re|je  com" 
the  inspectors,  on  the  last  day  of  registration  in  the  month  of 
August,  to  see  that  they  agree  with  each  other  in  every  particu- 
lar, and  also  with  the  register  to  see  that  every  name  entered 
on  the  register  as  a  "qualified  voter"  or  "may  become  qualified 
voter"  is  entered  in  its'  proper  alphabetical  place  on  each  of  the 
two  "Voting  Books  of  Qualified  Voters  for  Primary  Elections", 
together  with  the  residence,  color*  and  date  .of  registration.     And 
if  any  name  in  the  registers  which  ought  to  have  been  entered  corrections 
on  the  said  alphabetical  list  shall  have  been  omitted  therefrom, 
it  shall  be  the  duty  of  said  inspectors  to  enter  such  name  in  its 
proper  alphabetical  place  on  the  alphabetical  list,  together  with 
the  proper  entries  as  they  appear  on  the  said  registers.     And  it 
shall  be  the  further  duty"  in  such  comparison  of  the  alphabetical 
list  with  the  registers,   to  make  such  corrections  in  the  alpha- 
betical lists  as  will  make  the  names  and  entries  appearing  on 
the  alphabetical  lists  agree  with  the  same  names  and  entries"  as 
entered  on  the  registers.     It  shall  be  the  duty  of  the  said  inspec-  Certificate 
tors,  immediately  after  their  last  sitting  in  the  month  of  August, 
to  append  to  each  of  said  alphabetical  lists  of  "qualified  voters" 
contained  in  said   "Voting  Books  of  Qualified  Voters  for  Pri- 
mary Elections"  a  certificate,  verified  by  the  oath  or  afnrma-oaeth 
tion  of  the  inspectors,  or  at  least  two  of  them,  that  the  said 
"Voting  Books  of  Qualified  Voters  for  Primary  Elections"  con- 
tain a  complete  list  of  the  "qualified  voters"  and  "may  become 
qualified  voters"  of  said  Election  District  as  the  same  are  entered 
in  the  Registers  of  voters  of  such  election  district.      After  said 
two  "Voting  Books  of  Qualified  Voters  for  Primary  Elections " 
have  been  compared  and  certified  as  aforesaid,  the  said  inspec-  Department  of 
tors  in  each  of  said  election  district  shall,  immediately  after  said 
certification,  return  the  same* to  the  said  Department  of  Elections. 

Section  13.     It   shall  be  the   duty   of   said  Department   of  gggg^JJ  of 
Elections  to  compare  and  correct  said  two   "Voting  Books  of  compare  and 
ualified  Voters  for  Primar     Elections".  lime  before  the^n0* 


•r.ded.     See  Chapter  64,  Volnme  22. 


112 

day  the  first  primary  election  is  held  in  the  year  of  a  gener; 
election,  and,  when  it  shall  appear  by  any  date  in  their  posse 
sion  that  any  person  has  registered  in  more  than  one  electic 
ce  district,  they  shall,  upon  due  inquiry,  strike  his  name  from  tl 
to  be  stricken  said  "Voting  Books  of  Qualified  Voters  for  Primary  Elections 
of  any  and  all  election  districts  in  which  he  is  not  a  "qualifie 
voter",  and  shall,  opposite  his  name,  state  the  reason  therefo 
Said  two  "Voting  Books  of  Qualified  Voters  for  Primary  Ele< 
Disposition  of  tions",  in  each  election  district  of  the  City  of  Wilmington,  sha 
books  -  be  preserved  and  delivered  by  said  Department  of  Elections  i 

hereinafter  prescribed  and  directed. 

Terms  of  office  Section  14.  That  from  and  after  the  first  day  of  June,  1 
in  D.  1898,  the  terms  and  powers  of  office  of  the  inspectors  of  ele< 

tions  f°r  the  City  of  Wilmington,  who  shall  then  be  in  offic 
1898  '  shall  be  and  the  same  are  hereby  declared  to  be  terminated  ar 

ended. 

Division  of  Section  15.     That  the  division  of  the  City  of  Wilmingtc 

Sto^StriSs  to  into  election  districts,  as  is  directed  by  sub-division  one  of  Se 

be  by  June  i    ^ion  three,  of  Chapter  thirty-nine,  Volume  nineteen,   Laws  < 

Delaware,  shall  hereafter  be  made  on  or  before  the  first  day  < 

June  instead  of  on  or  before  the  first  day  of  September,  as  therei 

provided. 


Section  16.     Every  Inspector  of  any  primary  election,  pc 
etc.,  election     clerk,  or  other  officer  or  person  having  the  custody  of  any  "Vo 
ing   Book   of   Qualified   Voters   for   Primary   Elections,"    oat] 
return  of  votes,  certificate,  poll  list,  or  any  paper,  document,  ( 
evidence  of  any  description  in  this  act  directed  to  be  made,  file 
or  preserved,  who  is  guilty  of  stealing,  wilfully  destroying,  mut 
lating,  defacing,  falsifying  or  fratidulently  removing  or  secretir 
the  whole  or  any  part  thereof,  or  who  shall  fraudulently  mal< 
any  entry,  erasure  or  alteration  therein,  except  as  allowed  an 
directed  by  the  provisions  of  this  act,  or  who  permits  any  oth( 
Misdemeanor    person  to   do   so   shall,   upon  conviction  thereof,   be  adjudge 
guilty  of  a  misdemeanor  and  shall  be  punished  for  every  sue 
Punishment      offence  by  imprisonment  in  the  county  jail  for  a  period  nc 
exceeding  two  years,  or  by  fine  of  not  more  than  two  hundre 
dollars,  or  both. 

Sitting  CQ?  ad-  Section  17.  Every  person  not  an  officer,  such  as  is  mei 
vising,  etc.  '  tioned  in  the  last  preceding  section,  who  is  guilty  of  any  of  tl 
Commission  of  acts  specified  in  said  section,  or  who  advises,  procures  or  abe 
wrongful  acts  the  commission  of  the  same,  or  any  of  them,  shall,  upon  coi 
Misdemeanor  viction  thereof,  be  adjudged  guilty  of  a  misdemeanor,  and  f( 
Punishment  every  such  offense  shall  be  punished  by  imprisonment  in  tl 


113 

county  jail  for  a  period  not  exceeding  two  years,  or  by  a  fine 
of  not  more  than  two  hundred  dollars,  or  both. 


' 

*Section  18.  >That  the  time  for  holding  any  primary  elec-  g 
tion  shall  be  after  tihe  last  day  of  registration  in  the  month  of  elections 
August,  for  the  ensumg  general  election  and  the  time  for  hold- 
ing primary  elections  >m  the  City  of  Wilmington  to  nominate 
candidates  to  be  votedNjor  at  a  municipal  election  shall  be  in 
the  month  of  May  after  f^e  day  for  the  revision  of  the  registra- 
tion of  voters.     The  time  for  the  revision  of  registration  of  voters  Time  for 
in  the  City  of  Wilmington  for  municipal  elections  shall  be  a 
the  same  is  hereby  made  the  fourth  Saturday  previous  to  the  Wilmington 
day  set  for  holding  the  election  for  municipal  officers  in  the  said 
city.      The  election  officers  and  the  members  of  the  Depart- 
ment of  Elections  for  the  City  of  Wilmington  in  addition  to  the 
duties  now  required  of  them  by  law  "siiall  revise  and  prepare  Duties  of  De_ 
the  "Voting  Books  of  Qualified  Voters  for  Primary  Elections,"  partment  of 
as  herein  provided  for  general  elections,  and  no  person  whose  Elec 
name  does  not  appear  on  the  said  "Voting  Books  of  Qualified  who  may  vote 
Voters  for  Primary  Elections",  shall  be  entitled  to  or  shall 
permitted  to  vote  at  a  primary  election  to  nominate  candidates  tions 
to  be  voted  for  at  the  subsequent  municipal  election  in  the  City 
of  Wilmington.     The  time  for  opening  the  polls  for  the  purpose  Time  for  open- 
of  conducting  a  primary  election  under  the  provisions  of  this  "^  v°lls 
act  shall  be  one  o'clock  in  the  afternoon,  and  the  time  for  clos- 
ing the  polls  at  such  primary  election  shall  be  seven  o'clock;  inTime  {or 
the  evening.  ^    closing 


*Section  19  X  That  whenever  a  political  party,  organization 
or  association  desires  to  hold  a  primary  election  for  the  purpose  elections 
mentioned  in  Section  2  of  this  act,  the  chairman  or  secretary 
of  the  regularly  organized  and  constituted  County  Committee 
or  governing  authority  of  such  political  party,  organization  or 
association  shall  notify  by  letter  the  respective  parties  having 
the  custody  of  the  "Voting  Books  of  Qualified  Voters  for  Pri- 
mary Elections"  in  this  act  provided,  of  their  intention  of  hold- 
ing a  primary  election,  stating  the  day  on  which  they  desire  the 
election  held,  which  notification  shall  be  at  least  two  weeks  prior 
to  the  time  named  for  holding  such  primary  election.      If  no  Custodians  Oj  * 
previous   notice  shall   have  been  received  by  the  said  parties  voting  books  to 
from  no  other  political  party  of  their  intention  to  hold  a  primary  Se™rS  ^Spec- 
election  on  that  day,  the  said  parties  shall,  on  or  before  twelve  tors 
o'clock  of  the  day  for  holding  such  primary  election  for  that 
political  party,  organization  or  association,  deliver  the  two  "Vot- 
ing Books  of  Qualified  Voters  for  Primary  Elections"  provided 
for  in  this  act,  for  each  general  election  district  that  may  be 

*  Amended.     See  Chapter  285,  Volume  22. 


114 


contained  in  the  primary  election  district,  to  the  inspector  of 
such  primary  election  in  the  hundred  or  election  district  of  the 
county  to  which  such  "Voting  Books  for  Qualified  Voters  for  Pri- 
mary Elections"  shall  apply.  And  it  shall  be  the  duty  of  the  said 
inspector  to  inspector  to  have  the  same  at  the  place  of  holding  the  primary 

have  same  at  ^  .  ,*  ....  ,°  x  1         .    * 

place  for  hold-  election  at  the  time  of  opening  the  polls  on  primary  election 
day.  If  any  inspector  shall  refuse,  neglect,  or  fail  to"  have  the 
said  "Voting  Books  of  Qualified  Voters  for  Primary  Elections", 
at  the  place  of  holding  the  primary  election  at  the  time  desig- 
nated in  this  act,  he  shall,  upon  conviction  therefor,  be  adjudged 
guilty  of  a  misdemeanor,  and  shall  be  punsihed  for  each  such 
offence  by  imprisonment  in  the  county  jail  for  a  period  not 
exceeding  ninety  days,  or  by  a  fine  not  exceeding  one  hundred 
dollars,  or  both. 


Neglect 


Misdemeanor 
Punishment 


Method  of  re- 
votes 


Elector  shall 


Entry  must 

maW  e1ect?on 
of  what  party 


whose  vote  re- 
fused 


inspector  to  re- 


sons  from 


Neglect 


Section  20.  The  qualification  of  electors  under  this  act 
snan  foe  such  as  the  political  party,  organization  or  association 
authorizing  such  election  may  prescribe  and  publish,  and  in 
default  of  any  prescribed  or  published  rule,  the  past  usages  of 
such  political  party  or  organization  shall  be  recognized  and 
adopted,  and  ignorance  of  such  past  usages  shall  be  no  defense 
against  any  of  the  penalties  of  this  act.  As  each  person  shall 
apply  to  vote  at  any  primary  election,  *the  officers  thereof  shall 
examine  the  "Voting  Books  of  Qualified  Voters  for  Primary 
Elections  "  provided  by  this  act,  and  if  they  find  thereon  the 
name  of  the  person  applying  to  vote,  and  be  satisfied  that  he  is 
the  Person  whose  name  is  so  registered,  they  shall  enter  the 
word  "voted"  after  his  name,  and  such  voter  shall  not  be  per- 
mitted  to  vote  at  any  succeeding  primary  election  held  by  any 
°^ner  political  party,  organization  or  association,  the  entry  of 
the  word  "  voted  "  as  aforesaid,  shall  be  in  such  a  manner  as  to 
indicate  at  what  party  primary  election  the  voter  has  voted. 
No  person  whose  name  is  not  contained  in  the  "Voting  Books  of 
Qua^ec^  Voters  for  Primary  Elections"  herein  provided  for, 
shall  be  allowed  to  vote  or  participate  in  any  primary  election 
hereafter  held.  It  shall  be  the  duty  of  each  of  the  inspectors, 
within  two  days  after  the  day  of  the  primary  election,  to  return 
tne  "Voting  Books  of  Qualified  Voters  for  Primary  Elections", 
used  by  him  at  any  primary  election,  to  the  person  or  persons 
from  whom  he  received  the  same,  who  shall  preserve  them.  If 
any  inspector  shall  neglect,  refuse  or  fail  to  return  said  "Voting 
Books  of  Qualified  Voters  for  Primary  Elections,"  as  directed 
in  this  section,  the  said  inspector  so  neglecting,  failing,  or  refus- 
ing shall,  upon  conviction  therefor  be  adjudged  guilty  of  a  mis- 
demeanor  and  shall  for  every  such  offense  be  punished  by  a  fine 


*  Amended,     Sec  Chapter  285,  Volume  22. 


115 

not  exceeding  one  hundred  dollars  or  by  imprisonment  in  the 
county  jail  for  a  period  not  exceeding  one  year,  or  both. 

Section  21.     If  at  any  primary  election,  the  presiding  officer  P^f 
and  judge  shall  knowingly  and  wilfully  receive,   or  advise,   or 
consent  to  the  receiving  of  the  vote  of  any  person  not  entitled 
to  vote  at  such  primary  election,  or  if  such  presiding  officer  or 
judge  shall  knowingly  and  wilfully  refuse  to  receive  the  vote  of  Refusing  legal 
any  person  entitled  to  vote  at  such  primary  election,  every  suchvot< 
presiding  officer  or  judge  shall,  for  every  such  offence,  forfeit 
and  pay  the  sum  of  one  hundred  dollars  to  any  person  who  will 
sue  for  the  same,  or  shall,  for  every  such  offence,  forfeit  and  pay 
the  sum  of  one  hundred  dollars  to  any  person  who  will  sue  forPenalty 
the  same,  or  shall,  for  every  such  offence,  upon  conviction  there- 
for, be  adjudged  guilty  of  a  misdemeanor,  and  be  fined  not  less  Misdemeanor 
than  one  hundred  dollars,   and,   in  either  case,   be  imprisoned 
until  the  fines,  forfeitures  and  costs  are  paid  in  full  or  discharged  Punishment 
by  the  court. 


Section  22.     If  at  any  primary  election  hereafter  held 
any  political  party,  organization  or  association,  as  provided  in  vote  illegally 
this  act,  any  person  falsely  personate  any  elector  or  other  person, 
and  vote  or  attempt  to  offer  to  vote  in  or  upon  the  name  of  any 
person,  whether  living  or  dead,  or  in  or  upon  any  false,  assumed, 
or  fictitious  name,  or  in  or  upon  any  name  not  his  own,  or  shall 
knowingly,  willingly   or   fraudulently  vote  more   than  once  for 
any  candidate  for  the  same  office,  or  shall  vote  in  any  other  pri-  Receiving  or 
mary  election  district  than  the  one  in  which  he  is  a  bona  fidewardtmg  r 
resident,  or  vote  or  attempt  to  vote  more  than  one  ballot  at 
any  primary  election  district,  or  shall  solicit  from  any  candidate 
or  from  any  other  person,  or  shall  receive,  directly  or  indirectly, 
from  such  candidate  or  from  any  other  person  any  money,  or 
promise  of  place  or  position,  or  any  valuable  consideration 
any  kind,  for  his  vote  or  support,  or  if  any  person  shall  vote  at  of  more  than 
the  primary  election  of  more  than  one  political  party,  organiza-  one  party 
tion  or  association,  held  for  the  purpose  of  nominating  or  select- 
ing a  candidate  or  candidates  to  be  voted  for  at  any  subsequent 
general  election,  or  for  the  purpose  of  selecting  delegates  or  repre- 
sentatives to  any  political  convention  thereafter  to  be  held  for 
the   purpose   of   selecting   candidates   as   aforesaid,    before   any 
one  general  election,  or  shall  vote  or  attempt  to  offer  to  vote  Attempting 
in  any  primary  election  district,  or  having  once  voted  shall  attempt  let  unlawfl 
or  offer  to  vote  again,  or  shall  knowingly,  wilfully  or  fraudulently 
do  any  unlawful  act  to  secure  opportunity  for  himself  or  for 
any   other  person  to  vote,   or  shall  by  force,   threat,   menace, 
intimidation,  bribery  or  reward  or  offer  to  or  promise  thereof, 
or   otherwise  unlawfully   either   directly  or  indirectly  influence 
or  attempt  to  influence  any  elector  in  giving  his  vote,  or  shall 


116 


tion    to    do 
illegal  act 


Interference 
with  election 


neglect  his 
duty 


voterencmg  promise  any  place  or  position  for  the  purpose  of  securing  any 
voter's  support  or  prevent  or  hinder  or  attempt  to  prevent  or 
hinder  any  qualified  voter  from  freely  exercising  the  rights  of 
suffrage,  or  any  such  means  induce  or  attempt  to  induce  any 
such  voter  to  refuse  to  exercise  any  such  right,  or  shall,  bv  any 

Influencing 

officer  of  eiec-sucn  means  or  otherwise,  compel  or  induce  or  attempt  to  com- 
pel or  induce  any  inspector  of  any  primary  election  or  other 
officer  of  any  primary  election  in  any  primary  election  district 
to  receive  the  vote  of  any  person  not  legally  qualified  or  enti- 
tled to  vote  at  the  said  primary  election  in  such  district  or  shall 
knowingly,  wilfully  or  fraudulently  interfere  with,  delay  or 
hinder  in  any  manner  any  inspector  of  any  primary  election, 

Advising  or  in-  poll  clerk  or  other  officer  of  any  primary  election  in  the  dis- 
charge  of  his  duty,  or  by  any  such  means  or  other  unlawful 
means,  knowingly,  wilfully  or  fraudulently  counsel,  advise, 
induce  or  attempt  to  induce  any  inspector  of  any  primary  elec- 
tion, poll  clerk  or  other  officer  of  any  primary  election,  whose 
duty  it  is  to  ascertain,  proclaim,  announce  or  declare  the  result 
of  any  such  primary  election,  or  to  give  or  make  any  certificate, 
document,  report,  return  or  other  evidence  in  relation  thereto, 
to  refuse  or  neglect  to  comply  with  his  duty,  or  to  violate  any 
law,  regulating  the  same,  or  to  receive  the  vote  of  any  person 
in  any  primary  election  district  not  entitled  to  vote  therein  or  to 
refuse  to  receive  the  vote  of  any  person  entitled  to  vote  therein 
or  shall  aid,  counsel,  or  advise,  procure  or  assist  any  voter,  person 
or  inspector  of  any  primary  election,  or  other  officer  of  such 
primary  election,  to  do  any  act  by  law  forbidden,  or  in  this  act 
constituted  an  offence,  or  to  omit  to  do  any  act  by  law  directed 
to  be  done,  every  such  person  shall,  upon  conviction  thereof, 

Misdemeanor  be  adjudged  guilty  of  a  misdemeanor,  and  shall,  when  not  herein 
otherwise  particularly  specified,  be  punished  for  every  offence 
by  imprisonment  in  the  county  jail  for  not  more  than  two  years, 
or  by  a  fine  of  not  more  than  two  hundred  dollars,  or  both. 


Punishment 


other  offences 


Punishment 


Territory  in 
primary  elec- 
tion district 


not  to  be 
divided 


Any  act  or  deed  declared  an  offence  by  the  general  laws  of 
this  State  concerning  elections  and  not  herein  particularly  men- 
tioned, shall  also  be  an  offense  in  a  primary  election,  and  shall 
be  punished  in  the  same  form  and  manner  as  is  provided  for 
the  punishment  of  similar  offences  by  the  general  laws;  and  all 
the  penalties  and  provisions  of  the  general  laws  shall  apply  in 
such  cases  with  equal  force,  and  shall  be  as  effective  as  though 
fully  set  out  in  this  act. 

Section  23.  That  the  regularly  organized  and  constituted 
County  Committee  or  governing  authority  of  the  political  party, 
organization  or  association  holding  any  primary  election  shall, 
at  least  two  weeks  before  such  primary  election  is  held,  deter- 
mine what  territory  shall  comprise  a  primary  election  district; 


117 

provided,  that  such  primary  election  districts  shall  be  so  formed 

that  the  whole  of  each  election  district  for  the  general  election. 

shall  be  in  one  primary  election  district.     They  shall  also  desig- 

nate the  place  for  holding  the  primary  election  in  each  primary 

election  district  and  secure  the  room  for  holding  the  same.    Said 

room,  in  all  cases  where  one  primary  election  district  comprises  place  o{  hold 

more  than  one  general  election  district,  shall  be  in  the  general  ing  election 

election  district  where  the  greatest  number  of  votes  were  polled 

by  the  political  party,  organization  or  association  holding  such 

primary  election  at  the  general  election  next  preceding  the  said  Designation  of 

primary  election.      They  shall  also  designate  each  of  said  dis-  districts 

tricts  by  appropriate  titles  or  distinctions.      No  primary  elec- 

tions shall  be  held  under  the  provisions  of  this  act  in  a  place  or  Not  to  be  held 

building  where  intoxicating  liquor  is  sold.  Sing  ifqSon 

are  sold 

Section  24.     If  the  Sheriff  of  New  Castle  County  or  the  xegiect  of  De- 
members  of  the  Department  of  Elections  for  the  City  of  Wil-  ggggJs  of 
mington  shall  wilfully  neglect,  refuse  or  fail  to  deliver  to  each  sheriff  r  to  de- 
inspector  of  primary-  elections  the  "Voting  Books  of  Qualified  BooksVotmg 
Voters  for  Primary  Elections"  in  his  or  their  custody,  for  each 
general  election  district  that  may  be  contained  in  the  primary 
election  district  for  which  he  is  appointed,  then  in  that  case  the 
said  Sheriff  or  any  member  of  said  Department  of  Elections  so 
neglecting,  failing  or  refusing  shall,  upon  conviction  therefor,  be 
adjudged  guilty  of  a  misdemeanor  and  shall  for  every  such  offence  Misdemeanor 
be  punsihed  by  imprisonment  in  the  county  jail  for  a  period  not 
exceeding  one  year,  or  by  a  fine  of  not  more  than  two  hundred  Pl1 
dollars,  or  both,  and  such  conviction  shall  of  itself  work  a  for-  Forfeiture  of 
feiture  of  his  office.  office 


Section  25.     Whoever,   during  the  time  that  any  primary 
election  is  in  progress  in  any  primary  election  district  in  New  into  place  of 
Castle  County  or  during  the  time  the  ballots  cast  thereat  areele 
being  counted,  shall  bring,  take,  order  or  send  into,  or  attempt 
to  bring,  take  or  send  into  any  place  of  holding  any  primary  elec- 
tion,  any  intoxicating  liquors  whatever,   or  shall  at  any  such 
time  and  place  drink  or  partake  of  any  such  intoxicating  liquors, 
he  or  they  shall,  upon  conviction  therefor  be  adjudged  guilty  of 
a  misdemeanor  and  shall  for  every  such  offence  be  punished  Misdemeanor 
by  a  fine  of  not  less  than  five  dollars,  and  not  exceeding  ten  Punishment 
dollars. 

Section  26.     That  the  sheriff  of  New  Castle  County,  shall  Ballot  boxes  to 
provide  and  deliver,  or  cause  to  be  provided  and  delivered  tobepro 
the  officers  at  every  polling  place  in  the  county  outside  of  the 
City  of  Wilmington  (and  the  Department  of  Elections  to  per- 
form the  same  duties  in  the  City  of  Wilmington),  where  a  pri- 


118 


Description 


Other  box 


mary  election  is  to  be  held,  a  ballot  box,  the  same  to  be  pro- 
vided with  a  lock  and  key ;  the  said  ballot  box  to  be  not  less  than 
twelve  inches  long,  nine  and  one-half  inches  wide,  and  nine 
inches  high;  both  sides  of  said  box  shall  be  entirely  of  clear  glass 
and  shall  have  a  lid  so  constructed  that  the  said  lid  will  slide 
with  ease.  The  lid  of  said  ballot  box  shall  have  an  opening  in 
the  top  not  more  than  one  inch  long  and  not  more  than  three- 
sixteenths  of  an  inch  wide;  the  opening  to  be  entirely  enclosed 
with  iron,  steel  or  tin,  which  material  shall  be  securely  fastened 
to  the  lid.  He  shall  also  furnish  to  the  officers  holding  any  pri- 
mary election  a  box  of  sufficient  size  to  hold  the  ballots  cast  at 
such  primary  election.  ' 


Ballot  box 

where  placed 


Section  27.     That  part  of  the  ballot  box  composed  of   glass 

-1111  -,     -,       .  ^  1         • 

shall  be  so  placed  during  the  time  that  any  primary  election  is 
in  progress  that  it  can  be  seen  at  all  times  by  the  persons  on  the 
outside  of  the  polling  places.  The  lid  of  the  ballot  box  shall  be 
securely  locked  during  the  time  that  the  primary  election  is  being 
elecuonduring  conducted,  and  shall  not  be  unlocked  until  the  polls  are  closed. 


Number  of 
votes  cast  to  be 
announced  at 
close  of  elec- 
tion 


Reading  of 
ballots 


Custody  of 
same 


Section  28.  That  at  the  time  for  closing  the  polls  at  a  pri- 
mary election  held  under  the  provisions  of  this  act,  the  presiding 
officer  shall  publicly  proclaim  in  a  clear  and  distinct  voice  the 
number  of  votes  that  have  been  cast  at  such  primary  election 
as  shown  by  the  poll  books  kept  by  the  clerks.  After  closing 
the  polls  at  a  primary  election,  the  presiding  officer  and  judges 
shall  openly  and  publicly  remove  the  lid  of  the  box  containing 
the  ballots.  The  ballots  shall  be  taken  separately  from  the 
box.  One  of  the  judges  shall  keep  in  his  custody  the  said  box 
while  the  other  judge  shall  publicly  in  the  presence  of  the  watch- 
ers, hereinafter  provided  for,  take  the  ballots  one  by  one  from 
the  box  and  read  the  same.  When  a  ballot  shall  be  read  it  shall 
be  submitted  to  each  of  the  other  judges  for  inspection  and  put 
in  the  other  box  directly  to  be  procured  in  Section  twenty-four 
of  this  act,  it  being  first  seen  that  the  said  box  is  empty;  two 
clerks  at  least  shall  keep  an  accurate  account  of  the  ballots  as 
they  are  read,  which  shall  be  done  on  the  tally  sheets  herein- 
after provided  to  be  furnished,  by  writing  the  name  of  every 
person  voted  for  in  the  margin  under  a  designation  of  the  office 
for  which  the  vote  is  given  to  him.  The  clerk  shall  make  a  dis- 
tinct mark  with  a  pen  and  ink  in  the  row  opposite  such  name  for 
every  vote  such  person  shall  receive  for  the  same  office.  At 
Result  of  can- the  close  of  the  canvass  of  the  ballots  cast  for  each  candidate, 
nounced  ^h?n"  the  inspector  shall  publicly  announce  the  vote  and  the  result  of 
P?eted com-  the  canvass. 

Tally  sheets  Section  29.     After  having  counted  the  ballots  cast  at  any 

primary  election,  the  officers  holding  such  election  shall  forth. 


Clerks  to   keep 
tally 


119 

with  fill  out  and  sign  two  tally  sheets  and  two  certificates,  here- 
inafter provided  to  be  furnished,  with  the  number  of  votes  in 
words  at  length  entered  thereon  that  have  been  cast  for  each 
and  every  candidate  at  such  primary  election,  and  the  exact 
time  that  said  canvass  was  completed.  One  of  said  certificates,  Disposition  of 
together  with  one  of  said  tally  sheets  and  one  poll  list,  shall  be53 
delivered  by  the  inspector  outside  of  the  City  of  Wilmington, 
on  the  first  secular  day  following  such  primary  election,  to  the 
chairman  of  the  regularly  organized  and  constituted  County 
Committee  or  Governing  authority  of  the  political  party,  organ- 
ization or  association  holding  such  primary  election.  One  of 
said  certificates,  together  with  one  of  said  tally  sheets  and  one 
poll  list,  shall  be  delivered  by  the  inspectors  in  the  City  of  Wil- 
mington to  the  chairman  of  the  regularly  organized  and  con- 
stituted County  Committee  or  governing  authority  of  the  politi- 
cal party,  organization  or  association  holding  such  primary 
election,  within  one  hour  from  the  time  that  the  canvass  of  the 
votes  has  been  completed.  The  said  ballots,  after  having  been  ^j,^*011  of 
counted,  shall  be  deposited  in  the  box  furnished  for  that  purpose, 
together  with  the  other  said  certificates,  tally  sheets  and  poll 
lists.  The  lid  of  said  box  shall  be  secured  by  tape  crossed  and 
sealed  in  sealing  wax  by  one  of  the  judges  not  being  the  inspector, 
and  shall  be  delivered  by  the  inspector  on  the  first  secular  day 
following  such  primary  election,  to  the  Sheriff  of  New  Castle 
County,  who  shall  make  such  disposition  of  the  same  as  the 
regularly  organized  and  constituted  County  Committee  or  gov- 
erning authority  of  the  political  party,  organization  or  associa- 
tion holding  such  primary  election  may  direct.  The  regularly 
organized  County  Committee  or  governing  authority  of  the 
political  party,  organization  or  association  holding  any  primary 
election  shall  furnish  at  every  polling  place  in  the  county  where 
a  primary  election  is  to  be  held,  blank  tally  sheets,  blank  certifi-  sheets,  etc*  by 
cates,  blank  poll  books  and  stationery  sufficient  for  the  use  o^ 
the  officers  holding  such  primary  election.  They  shall  also  fur- 
nish to  the  primary  election  officers  printed  instructions  of  the  printed  in- 
parts  of  this  act  that  in  the  judgment  of  the  said  committee  isj^jf08  to 
necessary  for  the  proper  performance  of  their  duties. 

Section  30.     The  poll  books  used  at  any  primary  election  Poll  books 
hereafter   held   shall   have   every   line   therein   numbered,    com- 
mencing with  the  figure  1,  and  continuing  serially.     On  offering  voting 
to  vote  at  a  primary  election  the  voter  shall  deliver  to  the  presid- 
ing officer  a  single  ballot  containing  the  name  or  names  of  the 
person   or   persons   for   whom   he   desires   to    vote.      He   shall 
announce  his  name  and  residence,  and,  if  he  is  qualified  as  hereto- 
fore provided,  his  vote  shall  be  received  and  deposited  in  the 
ballot  box  having  the  glass  sides,  and  his  name  and  residence 
entered  on  the  poll  book  on  the  line  directly  opposite  the  first 


120 


questednumber unoccupied  number  in  order  that  the  election  officers  may,  at 
must'be  °nSt  an^  ^me  Curing  the  progress  of  the  primary  election  know  the 
a  exact  number  of  votes  that  have  been  cast.  The  election  offi- 
cers of  such  primary  election  shall  at  any  time  announce  to  any 
person  who  is  in  the  act  of  voting  and  so  inquiring,  the  number 
of  votes  that  have  been  cast  up  to  that  time. 


fobl  fumishS  Section  31.  The  Sheriff  of  New  Castle  County  shall  furnish 
each  voting  at  every  polling  place  where  a  primary  election  is  held,  outside 
of  the  City  of  Wilmington,  and  the  Department  of  Elections  to 
perform  the  same  duty  in  the  City  of  Wilmington,  two  pieces  of 
rope  or  chain.  The  officers  holding  such  primary  election  shall 
place  the  said  rope  or  chain  at  a  distance  not  less  than  six  feet 
on  either  side  of  the  window  or  door  where  a  primary  election  is 
held;  the  said  rope  or  chain  shall  be  at  least  twelve  feet  in  length, 
and  shall  be  at  least  twenty-four  inches  from  the  ground  and 
snail  so  remain  during  the  time  such  primary  election  is  in  prog- 
ress. No  person  shall  be  permitted  to  be  on  the  inside  of  said 
rope  or  chain  excepting  to  cast  his  ballot,  after  which  he  shall 
immediately  retire.  Any  person  violating  the  provisions  of 
this  Section  shall,  upon  conviction  therefor,  be  adjudged  guilty 
of  a  misdemeanor,  and  shall  for  every  such  offense  be  punsihed 
by  a  fine  of  ten  dollars. 


place 


How  used 


No  one   per- 
mitted  within 
enclosure  ex- 
cept to  vote 

Violation 
Punishment 


Watchers  Section  32.  That  each  candidate  for  nomination  at  any 

primary  election  hereafter  held  shall  have  the  right  to  appoint 
one  qualified  elector  as  watcher,  who  shall  be  entitled  to  be  in 
the  room  where  such  primary  election  ^  is  held,  from  the  com- 

Removai  for  mencement  to  the  close  of  such  primary  election  and  signing  of 
the  certificates  thereof.  If  any  person  appointed  watcher  shall 
so  conduct  himself  as  to  interfere  with  the  progress  of  any  pri- 
mary election  he  may,  upon  complaint  made  by  the  primary 
election  officers  to  the  chairman  of  the  regularly  organized  and 
constituted  County  Committee  or  governing  authority  of  the 
political  party,  organization  or  association  holding  such  primary 
election,  or  to  any  member  thereof  from  the  hundred  wherein 
such  interference  occurs  at  the  direction  of  the  said  chairman 
or  member  aforesaid,  be  removed  from  the  room  where  such 
primary  election  is  being  held,  and  the  candidate  whose  represen- 
tative the  watcher  so  removed  was  shall  be  without  representa- 
tion during  the  continuance  of  said  primary  election.  If  any 

Attempt  to  ex-  -person  shall  exclude,  or  attempt  to  exclude  any  elector,  except 

elude  watcher    T...  1          •    -i     <•  -11          ii"t  •    .     * 

in  the  manner  hereinbefore  provided,  who  has  been  appointed 
watcher,  from  the  room  where  any  primary  election  is  being  held, 
he  shall,  upon  conviction  therefor,  be  adjudged  guilty  of  a  mis- 
Misdemeanor  demeanor,  and  shall  for  every  such  offence  be  punished  by  a  fine 
of  one  hundred  dollars,  or  by  imprisonment  in  the  county  jail 
for  a_ period  not  exceeding  ninety  days,  or  both, 


Punishment 


121 

Section  33.     That   any  recognized  member  of  the   political  ^Jllenge  of 
party,  organization  or  association  in  whose  interest  any  primary 
election  is  held,  may  challenge  the  right  of  any  person  offering 
to  vote  at  such  primary  election;   and  the  board  of  election  offi- 
cers holding  the  same  shall  determine  whether  the  person  so  Decision 
offering  is  entitled  to  vote,  and  shall  receive  or  reject  such  vote, 
as  the  evidence  for  or  against  the  right  of  the  person  to  vote 
shall  warrant.      The  officers  may,   of  their  own  motion,   or  inMay  require 
case' of  challenge  if  there  be  doubt  of  the  propriety  of  receiving  oath  of  voter 
the  offered  vote,  require  of  a  person  so  offering  to  vote,  his  oath 
or  affirmation,  which  shall  be  administered  by  the  presiding  offi- 
cer, who  is  hereby  authorized  to  administer  the  same  in  the  fol- 
lowing form,  viz.:    Do  you  solemnly  swear  (or  affirm)  that  you 

are  a  legally  qualified  voter  under  the  rules  of  the 

party  authorizing  this  primary  election;   that  you  will  be  legally 
qualified  to  vote  at  the  following  election  for  which  candidates 
are  now  being  selected  to  be  voted  for;  that  you  are  at  this  time 
a  bona  fide  resident  x)f  this  primary  election  district;    that  you 
have  not  voted,  or  you  will  not  vote  at  any  other  voting  place 
this  day;    that  you  have  not  voted  or  you  will  not  vote  at  the 
primary  election  of  any  other  political  party,  organization  or 
association  held  for  the  purpose  of  nominating  or  selecting  can- 
didates to  be  voted  for  at  the  ensuing  election,  so  help  you  God 
(or  so  you  solemnly  affirm).     After  the  voter  has  taken  the  said f0ftebreoar^e>r°et| 
oath  or  affirmation,  the  ballot  of  such  voter  shall  be  received 
and  deposited  in  the  ballot  box;    and  if  any  person  offering  to 
vote  at  any  primary  election  decline  to  make  the  oath  or  affirma- 
tion demanded,  his  vote  shall  be  rejected.     If  at  the  time  a  per- 
son proposes  to  vote  he  is  challenged  and  there  are  several  per- 
sons    waiting  their  turn  to  vote,    said  challenged    person   shall  challenged  'vote 
stand  to  one  side  until  unchallenged  voters  have  had  an  oppor-  oth 
t unity  to  vote,  when  his  case  shall  be  taken  up  and  disposed  of; 
provided,  that  if  any  person  shall  challenge  a  qualified  voter, 
resident  of  such  primary  election  district,  well  known  as  a  mem- 
ber of  the  political  party,  organization  or  association  holding 
such  primary  election,  for  the  purpose  of  annoying  or  delaying  votellefo?m!eiay 
voters,  he  shall,  upon  conviction  therefor,  be  adjudged  guilty 
of  a  misdemeanor,  and  shall  for  each  and  every  such  offence  be  Misdemeanor 
punished  by  fine  of  one  hundred  dollars,  or  by  imprisonment  in  punishment 
the  county  jail  for  a  period  not  exceeding  six  months,  or  both. 

Section  34.  That  each  of  the  officers  of  any  primary  elec-  P°wei^ of  elec- 
tion  hereafter  held  is  clothed  with  the  powers  and  duties  of  a 
county  constable,  and  is  required  to  see  that  good  order  is  pre- 
served at  such  election,  and  may  arrest  and  present  for  commit- 
ment to  any  justice  of  the  peace  any  and  all  persons  guilty  of 
anv  unlawful  conduct. 


122 


Compensation 
of   election 
officers 


How  paid 


Section  35.  The  compensation  of  the  officers  and  clerk  for 
holding  primary  elections  under  the  provisions  of  this  act  shall 
be  two  dollars  and  fifty  cents  for  each  judge  and  clerk  and  three 
dollars  for  each  inspector  at  each  primary  election  so  held.  The 
expenses  for  holding  primary  elections  under  the  provisions  of 
this  act  including  stationery,  pay  of  officers  and  clerks,  shall  be 
paid  by  the  Levy  Court  of  the  county  wherein  such  primary 
election  is  held  to  nominate  persons  to  be  voted  for  at  a  subse- 
quent general  election  and  by  the  Mayor  and  Council  of  Wil- 
mington in  any  year  when  a  primary  election  is  held  in  the  City 
of  Wilmington  to  nominate  officers  to  be  voted  for  at  the  subse- 
quent municipal  election  in  the  said  city. 


Section  36.     If   any   person  appointed   to   hold   a   primary 


Election  officer 
acting  unlaw- 
fully may  be  election  shall  conduct  such  election  in  violation  of  any  of  the 
provisions  of  this  Act,  the  regularly  organized  and  constituted 
County  Committee  or  governing  authority  of  the  political  party, 
organization  or  association  holding  such  primary  election  is 
hereby  empowered  and  directed  to  remove  such  officer  or  offi- 
cers and  substitute  others  in  their  stead,  and  the  person  so  sub- 
stituted shall  take  the  oath  or  affirmation  prescribed  by  Section 
five  of  this  act,  which  said  oath  or  affirmation  shall  be  adminis- 
tered by  any  qualified  inspector  or  judge  who  is  hereby  author- 
ized to  administer  the  same. 


Substitutes 


Who   declared 
nominated 


Vacancy 


Section  37.  In  all  cases  the  candidate  receiving  the  highest 
number  of  votes  shall  be  declared  the  nominee  of  the  political 
party,  organization  or  association  holding  such  primary  election. 
In  case  of  death,  resignation  or  removal  of  any  candidate  subse- 
quent- to  a  nomination  the  political  party,  organization  or  asso- 
ciation in  which  such  vacancy  exists,  shall  provide  the  manner 
in  which  such  vacancy  shall  be  filled. 


Nominee,  how 
ascertained 


Tie   votes   of 
contests 


Section  38.  The  regularly  organized  and  constituted  County 
Committee  or  governing  authority  of  the  political  party,  organ- 
ization or  association  holding  any  primary  election  is  hereby 
empowered  to  calculate  the  aggregate  number  of  all  the  votes 
that  shall  have  been  cast,  in  all  the  hundreds  of  the  county  or 
any  subdivisions  thereof,  for  every  person  voted  for  for  any  one 
office  at  such  primary  election,  and  to  declare  the  candidate  or 
candidates  in  cases  where  candidates  for  more  than  one  office 
are  to  be  nominated,  receiving  the  highest  number  of  votes  the 
nominee  or  nominees  of  such  political  party,  organization  or 
association  for  the  office  for  which  he  was  voted  for  at  such  pri- 
mary election.  In  all  cases  of  a  tie  vote  or  of  contests,  the  regu- 
larly organized  and  constituted  County  Committee  or  govern- 
ing authority  of  the  political  party,  organization  or  association 


123 

holding  at  such  primary  election  shall  have  the  power  to    hear How  decided 
and  determine  such  contests,  and  to  decide  who  shall  be  entitled 
to  the  nomination.      The  proceedings  in  such  cases  shall  be  in  Form  of  pro- 
such  form  and  manner  as  the  said  committee  or  governing  author-  ce' 
ity  shall  determine  upon.      Before  entering  upon  the  discharge 
of  the  duties  set  forth  in  this  section  the  members  of  the  com- 
mittee or  governing  authority  aforesaid,   shall  be  sworn  by  a 
notary  public  to  faithfully'  and  honestly   discharge  the  duties 
herein  imposed  and  the  failure  upon  the  part  of  any  member  of 
the  said  committee  or  governing  authority   to   discharge  such 
duties  faithfully  and  honestly  shall  be  deemed  a  misdemeanor, 
and  the  person  so  offending  shall  upon  conviction  therefor,  be 
fined  not  less  than  one  hundred  dollars  nor  more  than  five  hundred 
dollars,  and  be  imprisoned  in  the  county  jail  for  a  period  of  not 
less  than  sixty  days  nor  more  than  one  year. 


Section  39.  .That  the  ballots  used  at  any  primary  election gjf^8 of 
hereafter  held  shall  be  printed  by  the  regularly  organized  and 
constituted  County   Committee  or  governing  authority  of  the 
political  party,  organization  or  association  holding  such  primary 
election.      The  names  of  all  candidates  for  nomination  for  the  Form  of  ballot 
same  office  shall  be  placed  under  the  title  of  said  office,  the  sur- 
name of  candidates  to  be  placed  in  alphabetical  order  and  shall 
not  be  separate  one  from  another  by  any  other  matter.     Where 
there  are  several  candidates  for  the  nomination  for  the  same 
office,  the  elector  shall  indicate  his  choice  by  crossing  out  the  HOW  voted 
name  of  all  the  candidates  except  those  for  whom  he  desires  to 
vote,  and  in  case  an  elector  has  omitted  to  cross  out  the  names 
on  his  ballot  as  aforesaid,  the  said  ballot  shall  not  be  counted 
for  any  such  candidate  or  candidates.      Any  person  desiring  to 
be  voted  for  as  a  candidate  for  nomination  at  any  primary  elec-  Person  desiring 
tion  hereafter  to  be  held  shall  notify  the  regularly  organized  and  mu5te  nqt§y  f° 
constituted  County  Committee  or  governing  authority  of  the authorities 
political  party,  organization  or  association  of  which  he  is  a  mem- 
ber in  writing  of  such  desire  at  least  ten  days  before  such  pri- 
mary election  is  to  be  held.     The  said  ballots  shall  be  printed  Ballots  printed 
and  ready  for  distribution  at  least  five  days  before  the  day  ofwl 
such  primary  election. 

I 

*Section  40.     That  the  provisions  of  this  act  shall  not  apply  ^glen°J  *g£u 
to  any  primary  election  held  for  the  election  of  delegates  to  any  tion  of  deie- 
State  convention  called  for  the  purpose  of  electing  delegates  or  SkSS  *c<mvw»- 
representatives  to  any  national A*f critical:  convention;    provided, tlon 
however,   that   the   regularly   organized   County   Committee   or 
governing  authority  of  the  political  party,  organization  or  asso- 
ciation by  or  for  which  the  primary  election  is  held  for  the  elec- 


Amended.     See  Chapter  286.  Volume  22 


124 

<T 

tion  of  delegates  to  any  State  convention  held  for  the  election  of 
delegates  to  any  national  political  ^convention,   shall  bear  the 
Such  election  to  expense  for  conducting  such  primary  election  as  set  forth  in  this 
Section.     And,  provided,  further,  that  the  said  governing  author- 
of  ^tv  or(^er^nS  or  issuing  the  call  for  a  primary  election  to  elect 
°  delegates  or  representatives  to  any  Btete,  County  or  City  Con- 
ti?nsr  conven"  vention,  shall  bear  all  the  expense  incurred  by  reason  of  such 
election. 


Section  41      That  this  act  shall  apply  solely  to  New  Castle 
only  '  County,  and  the  laws  now  in  force  prohibiting  the  sale  of  intoxi- 

Saie  of  intoxi-  eating  liquors  on  the  day  of  any  general,  special  or  municipal 
eating  liquors  election  are  hereby  excepted,  and  shall  not  applv  to  anv  election 

not  prohibited  1^11        /i  • 

on  day  of  pri-  contemplated  by  this  act 

mary  election 

Passed  at  Dover,  May  27,  1897. 


CHAPTER  66,  VOLUME  27. 

AN  ACT  amending  Chapter  393,  Volume  20,  Laws  of  Delaware,  being  an 
act  entitled,  "  An  Act  to  provide  for  the  Purity  of  Primary  Elections  in 
New  Castle  County,"  and  also  amending  Chapter  296,  Volume  22,  Laws 
of  Delaware. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  .  he 
State  of  Delaware  in  General  Assembly  met: 

Provisions  of  Section  1.     That  the  provisions  of  Chapter  393,  Volume  20, 

20  aand93cha°P;  Laws  of  Delaware  and  Chapter  286,  Volume  22,  Laws  of  Dela- 
1' 22  ex~ ware  snall  apply  to  the  Counties  of  Kent  and  Sussex  as  well  as 
to  New  Castle  County. 

Approved  March  26,  A.  D.,  1913. 


125 


CHAPTER  285,  VOLUME  22. 

AN  ACT  to  Amend  Chapter  393  of  Volume  20,  Laws  of  Delaware,  the  same 
being  "  An  Act  to  provide  for  the  Purity  of  Primary  Elections  on*  New 
Castle  County,"  Giving  the  Right  to  all  Qualified  Voters  at  the  General 
Election  to  Vote  at  the  Subsequent  Municipal  Primary  Election  in  the 
City  of  Wilmington. 

Be  it  enacted  by^  the  Senate  and  House  of  Representatives  of  the 
State  of  Delaware  in  General  Assembly  met,  (two-thirds  of  each 
branch  concurring): 

Section  1.  That  Section  18,  Chapter  393,  of  Volume  20, 
Laws  of  Delaware,  be  and  the  same  is  hereby  amended  by  strik- 
ing out  all  of  said  Section  after  the  number  "18"  in  the  first 
line,  and  inserting  in  lieu  thereof  the  following: 

That  the  time  for  holding  any  primary  election  shall  be 
after  the  first  day  of  registration  in  the  month  of  August,  for  the  election 
ensuing  general  election,  and  the  time  for  holding  primary  elec- 
tions in  the  City  of  Wilmington  to  nominate  candidates  to  be 
voted  for  at  a  municipal  election  shall  be  in  the  month  of  MayReviSion  Of 
after  the  day  for  the  revision  of  the  registration  of  voters.     The  registration 
time  for  the  revision  of  the  registration  of  voters  in  the  City  of 
Wilmington  for  Municipal  elections  shall  be  and  the  sane  is  hereby 
made  the  fourth  Saturday  previous  to  the  day  set  for  holding 
the  election  for  municipal  officers  in  the  said  city.     The  mem- 
bers of  the  Department  of  Elections  for  the  City  of  Wilmington,  Department  of 
in  addition  to  the  duties  now  'required  of  them  by  law,  shall E1 
demand  of  the  Clerk  of  the  Peace,  of  New  Castle  County,  between  D*ties  of 
the  fifth  and  tenth  of  April  of  any  year  in  which  a  municipal 
election  is  held,  and  it  shall  be  the  duty  of  the  said  Clerk  of  the 
Peace  to  deliver  to  the  said  Department  of  Elections  for  the 
City  of  Wilmington,  within  two  days  after  said  demand,   the 
original  "Voting  Book  of  Qualified  Voters"  and  "Registers"  for 
all  the  election  districts  in  the  City  of  Wilmington;   and  it  shall 
be  the  duty  of  the  Department  of  Elections  for  the  City  of  Wil- 
mington to  revise  and  prepare  the  "Voting  Books  of  Qualified 
Voters"  as  provided  for  General  Elections,  and  all  persons  and 
only  they  whose  names  appear  on  the  said  "Voting  Books  of  Who  may  vote 
Qualified  Voters"  shall  be  entitled  to  vote  at  a  primary  elec- 
tion  to  nominate  candidates  to  be  voted  for  at  the  subsequent tion 
municipal  election  in  the  City  of  Wilmington,   nor  shall  any 

*  So  enrolled. 


126 

person  whose  name  is  on  the  said  "Voting  Books  of  Qualified 
Voters"  be  disqualified  from  voting  at  the  municiapl  election  or 
be  compelled  to  register  because  of  the  fact  that  he  failed  to 

ii?  °pen" vote  at  the  previous  general  election.  The  time  for  opening 
the  polls  for  the  purpose  of  conducting  the  primary  election  under 

"for  cios  ^e  Provisions  °f  this  Act  shall  be  one  o'clock  in  the  after- 
noon,  and  the  time  for  closing  the  polls  at  such  primary  election 
shall  be  seven  o'clock  in  the  evening. 

Section  2.  That  Section  18,  Chapter  393,  of  Volume  20, 
Laws  of  Delaware,  be  and  the  same  is  hereby  amended  by  strik- 
ing out  of  said  Section  after  the  number  "19"  in  the  first  line  of 
said  Section,  and  inserting  in  lieu  thereof  the  following : 

"That  whenever  a  political  party,  organization  or  associa- 
eiection  tion  desires  to  hold  a  primary  election  for  the  purpose  men- 

tioned in  Section  2  of  Chapter  393,  the  chairman  or  secretary  of 
the  regularly  organized  and  constituted  county  or  city  commit- 
Chairman  or    tee  or  governing  authority  of  such  political  party  organization 
HtiCcra?apTrtyP°o  or  association,  shall  notify  by  letter  the  respective  parties  having 
Toting the  custody  of  the  "Voting  Books  of  Qualified  Voters  for  Pri- 
tc.       mary  Elections ' '  or  the  ' '  Voting  Books  of  Qualified  Voters ' '  in 
this  Act  and  in  Chapter  393,  Volume  20,  Laws  of  Delaware,  pro- 
vided, of  their  intention  of  holding  a  Primary  election,  stating 
the  day  on  which  they  desire  the  election  held,  which  notifica- 
toweeks  prior  ^on  shall  be  at  least  two  weeks  prior  to  the  time  for  holding 
to   election      such  primary  election.      If  no  previous  notice  shall  have  been 
received  by  the  said  parties  from  no  other  political  party  of  its 
intention  to  hold  a  primary  election  on  that  day,  the  said  party 
shall,  on  or  before  twelve  o'clock  of  the  day  for  holding  such 
primary  elections  for  that  political  party,  organization  or  asso- 
Deiivery  of      ciation,  deliver  the  two  "Voting  Books  of  Qualified  Voters  for 
ooks  Primary  Elections"     provided  for  in  Chapter  393,  Volume  20, 
Laws  of  Delaware,  in  case  of  a  County  Primary  Election,  or  the 
two  "Voting  Books  of  Qualified  Voters"  in  case  of  a  Municipal 
Primary  Election,  for  each  general  district  that  may  be  contained 
in  the  primary  election  in  the  hundred  or  election  district  of  the 
County  or  of  the  City  of  Wilmington  to  which  such  "Voting 
Duty  of  in-     Books  of  Qualified  Voters  for  Primary  Elections"   or  "Voting 
Books  for  Qualified  Voters"   shall  apply.    And  it  shall  be  the 
duty  of  the  said  inspector  to  have  the  same  at  the  place  of  hold- 
ing the  primary  election  at  the  time  of  opening  the  polls  on  pri- 
Negiect  mary  election  day.     If  any  inspector  shall  refuse,  neglect  or  fail 

to  have  the  said  ' '  Voting  Books  of  Qualified  Voters  for  Pr  mary 
Elections"  at  the  place  of  holding  the  primary  elections  for  any 
general  or  special  election  in  the  County,  or  the  "Voting  Books 
for  Qualified  Voters",  at  the  place  of  holding  the  primary  dec- 


127 

lion  for  any  municipal  election  in  the  City  of  Wilmington,  at  Misdemeanor 
the  time  designated  in  this  Act,  he  shall,  upon  conviction  there- 
for, be  adjudged  guilty  of  a  misdemeanor,  and  shall  be  punished  Penalty 
for  each  such  offence  by  imprisonment  in  the  county  jail  for  a 
period  not  exceeding  ninety  days,  or  by  a  fine  not  exceeding  one 
hundred  dollars,  or  both. 


Section  3.     That  Section  20,   Chapter  393,   of  Volume  20, 
Laws  of  Delaware,  be  and  the  same  is  hereby  amended  by  strik- 
ing out  all  of  said  Section  after  the  words  "Primary  Election" 
in  the  eighth  line  of  said  Section  and  inserting  in  lieu  thereof  the 
following:    "For  any  general  or  special  election  in  the  coutny, 
the  officers  thereof  shall  examine  the  "Voting  Books  of  Quali- 
fied Voters  for  Primary  Elections"   provided  by  Chapter  393, 
Volume  20,  Laws  of  Delaware,  and  as  each  person  shall  apply 
to  vote  at  any  primary  elections  held  for  any  municipal  elec- 
tion,  the  officer  thereof   shall   examine   the   "Voting   Books   of 
Qualified  Voters"  provided  by  this  Act,  and  if  they  find  thereon 
the  name  of  the  person  applying  to  vote  and  be  satisfied  that  he  Voters  to  vote 
is  the  person  whose  name  is  so  registered,  they  shall  enter  the  tiectionPof "oniy 
word  "voted"  after  his  name  and  such  voter  shall  not  be  per- °^ political 
mitted  to  vote  at  any  succeeding  primary  election  held  for  thatpa 
particular  election,  by  any  other  political  party,  organization  or 
association.      The  entry  of  the  word  "voted"  as  aforesaid  shall 
be  in  such  a  manner  as  to  indicate  at  what  party  primary  elec- 
tion the  voter  has  voted.      No  person  whose  name  is  not  con-  ?0JSrsCatl°n  °f 
tained  in  the   "Voting  Book  of  Qualified  Voters  for  Primary 
Elections",  shall  be  allowed  to  vote  or  participate  in  any  primary 
election  for  any  general  or  special  County  election  hereinafter 
held,  and  no  person  whose  name  is  not  contained  in   the  "Voting 
Books  of  Qualified  Voters"  shall  be  allowed  to  vote  or  partici-Ins     torg  to 
pate  in  any  primary  election  for  any  municipal  election  hereafter  return  books°to 
held.     It  shall  be  the  duty  of  the  inspector  within  two  days  after  peS  0< 
the  day  of  the  primary  election  to  return  the  said  "Voting  Books 
of  Qualified  Voters  for  Primary  Elections"  or  "Voting  Books  of 
Qualified  Voters",  used  by  him  at  any  primary  election,  to  the 
person  or  persons  f-rom  whom  he  received  the  same,  who  shall 
preserve  them,  and  in  case  of  the  "Voting  Books  of  Qualified 
Voters",  within   ten  days  after  they  have  been  returned  to  the 
Department  of  Elections  for  the  City  of  Wilmington,  the  said 
Department  shall  deliver  the  said  Book  and  Registers  to  the 
Clerk  of  the  Peace  of  New  Castle  County,  taking  from  them  Neglect  of 
a  receipt.    If  any  inspector  shall  neglect,  refuse  or  fail  to  return  duty 
said  "Voting  Books"  as  directed  in  this  section,  the  said  Inspec- 
tor so  neglecting,  failing  or  refusing  shall,  upon  conviction  there-  Misdemeanor 
for,  be  adjudged  guilty  of  a  misdemeanor  and  shall  for  every 
such  ofTense  be  punished  by  a  fine  not  exceeding  one  hundred  Penalty 


128 

dollars  or  by  imprisonment  in  the  county  jail  for  a  period  not 
exceeding  thirty  days,  or  both. 

ftfl 

Section  4.     That  Section  24,  of  Chapter  393,  Volume  20, 
Laws  of  Delaware,  be  and  the  same  is  hereby  amended  by  insert- 
ing after  the  word  "Elections"  in  the  fifth  line  of  said  Section, 
the  following  words:    or  "Voting  Goods  of  Qualified  Voters", 
and  to  further  amend  said  Section  by  inserting  after  the  word 
aeerkCof°the     "appointed",  in  the  seventh  line  of  said  Section  the  following 
Peace  words :    "  or  the  Clerk  of  the  Peace  shall  lawfully  neglect,  refuse 

or  fail  to  deliver  to  the  Department  of  Elections  for  the  City  of 
Wilmington  the  said  "Voting  Books  of  Qualified  Voters",  and 
to  further  amend  the  said  Section  by  inserting  after  the  word 
"Elections"  in  the  ninth  line  of  said  Section  the  f ollowingwords : 
"or  the  Clerk  of  the  Peace  of  New  Castle  County." 

Section  5.     That  all  Acts  or  parts  of  Acts  inconsistent  with 
this  Act  are  hereby  repealed. 

Approved  March  24,  A.   D.,   1903. 


CHAPTER  286,  VOLUME  22*. 

AN  ACT  to  amend  an  Act,  entitled  "  An  Act  to  Provide  for  the  Purity  of 
Primary  Elections  in  New  Castle  County." 

Be  it  enacted  by^  the  Senate  and  House  of  Representatives  of  the 
State  of  Delaware  in  General  Assembly  met: 

S°NatPi?nafbir  Section  1.  That  Section  40,  of  Chapter  393,  Volume  20,  of 
ti?ns  Conven'  the  Laws  of  Delaware,  be  and  the  same  is  hereby  amended  by 
inserting  between  the  word  "National"  and  the  word  "Political" 
in  the  fourth  line  of  said  Section,  the  words  "or  State".  That 
Section  40  be  further  amended  by  inserting  between  "National" 
in  the  ninth  line  of  said  Section  and  the  word  ' '  political ' '  in  the 
teffth  line  of  the  same  Section,  the  words  ' '  or  state ' ' .  That  Sec- 
tion 40  be  further  amended  by  striking  out  the  word  "State" 
in  line  fourteen  of  said  section,  between  the  word  "any"  and  the 
"County"  of  said  Section. 

Section  2.  That  the  provisions  of  Chapter  393,  Volume  20, 
of  the  Laws  of  Delaware,  as  hereby  amended,  be  and  the  same 
are  hereby  re-enacted.  - 

Approved  March  26,  A.  D.,  1903. 

*  See  Act  extending  provisions  to  Kent  and  Sussex  Counties,  Chapter  66,  Volume  27. 


129 


OTHER  LAWS 

Concerning  Elections. 


CHAPTER  16,  REVISED  CODE. 

Section  1.     At  all  elections  for  State  or  County  officers,  the 
electors   shall   vote   within  the   hundreds,    wards,    precincts,   or  Amended, 
election  districts  in  which  they  shall  respectively  have  resided  vohfmYi?6' 
at  least  fifteen*  days  immediately  prior  to  the  time  of  voting, 
and  not  elsewhere.  Place  of  Voting 

Section  2.     In  all  elections,  unless  it  is  otherwise  expressly  Plurality  elects 
provided,  a  plurality,  or  the  highest  number  of  votes,  shall  make 
a  choice,  except  where  this  principle  is  defeated  by  two  persons 
having  the  same  number  of  votes  for  the  same  office. 

Section  3.     In  all  questions  of  residence,  arising  under  the  Residence,  rule 
provisions  of  the  fourth  article  of  the  alnended  Constitution,  theas 
following  rule  shall  be  observed;    that  if  any  person,   having 
resided  within  the  State  shall  actually  remove  to  another  place 
out  of  the  State,  with  an  intention  of  remaining  there  for  an 
indefinite  time,  as  a  place  of  present  domicile,  he  shall  lose  his 
qualification  of  residence  within  the  State,  notwithstanding  he 
may  entertain  a  floating  intention  to  return  at  some  future  period. 
The  same  principle  shall  be  applied  to  removals  from  one  place 
to  another  within  the  State. 

Section  4.     In  reading  out  the  ballots  at  any  election,   a  Double  votes 
double  vote,  that  is  to  say,  two  or  more  ballots  voted  together 
by  the  same  person  shall  not  be  counted  or  tallied,  but    both  of 
the  ballots,  comprising  such  double  vote  shall  be  rejected. 

Section  5.     If  in  reading  out  the  ballots  at  any  election,  a  Amendment, 
ballot  shall  be  found  to  contain  the  names  of  more  persons  voted  fihap'  421§  Vo1' 
for,  for  any  office,  than  by  law  ought  to  be  voted  for,  for  such 
office,  such  part  of  the  ballot  shall  be  rejected  and  the  residue 
shall  be  read. 

*  See  Section  2,  Article  5  of  Constitution. 


130 

Section  6.     The  presiding  officer  of  an  election  shall,  from 
the  opening  of  the  same  until  all  the  duties  and  proceedings  con- 
nected therewith  are  fully  completed,  have  power  to  command 
the  peace,  and  to  require  sureties  of  the  peace  from  any  person 
disturbing  the  election  or  the  officers  thereof  in  the  performance 
other  'persons   °^  their  duties,  and  to  commit  to  prison  for  refusal  or  neglect  to 
required  to      find  such  surety;   and  all  officers  and  other  persons,  are  required 
officyerprei      g  to  obey  the  lawful  commands  of  such  presiding  officer  in  this 
behalf,  and  in  default  thereof,  such  officer,  or  other  person,  shall 
$5olure'  fine     De  deemed  guilty  of  a  misdemeanor,  and  .shall  forfeit  and  pay  a 
fine  of  fifty  dollars. 

Peacfand'coi-  Section  7.  Every  justice  of  the  peace  *  *  *  *  shall 
lectors  to  at-  attend  at  the  place  of  holding  an  election  in  the  hundred  in  which 

he  shall  reside,  from  the  opening  until  the  close  of  such  election; 

and  every  constable  shall  attend  at  the  place  of  holding  an  elec- 
Constabie  to  tion  in  his  hundred,  and  shall  there  continue  from  the  opening 

of  such  election  until  all  the  votes  cast  thereat  shall  be  read  and 

tallied,  and  the  certificates  of  such  election  signed,  and  (if  it  be 

at  a  general  election)  the  ballot  box  sealed. 


k"ttoyr,ofconsta-an(^  i1:  sha^  be  the  ^uty  of  eveiT  justice  of  the  peace  and  con- 
bie  and  justice  stable   to  take  care  that  the  peace  be  kept,  and  that  the  election 

of   the   peace      ,  .    •     .  1  i-j.ii 

be  not  interrupted  or  disturbed. 

neIiecttyoffodut  ^  anv  Jus^ce  °^  the»peace,  *     *     *  or  constable,  shall  refuse 

yor  neglect  to  perform  the  duties  by  this  section  enjoined  upon 
him,  he  shall  be  deemed  guilty  of  a  misdemeanor,  and  shall  for- 
feit and  pay  a  fine  of  one  hundred  dollars. 

Wilmington  At  elections  held  in  Wilmington  hundred,  the  mayor  and 

alderman  of  the  City  of  Wilmington  shall  perform  the  duties  by 

Duty  of  officers  this  section  enjoined  upon  justices  of  the  peace,  subject  to  the 
same  penalty  for  default  therein. 

penalty"  fcSr"*™         Section  8.     If   any  inspector,    collector,    assessor,   or  other 

neglect  of  duty  presiding  officer,  judge,  or  clerk  of  an  election,  or  if  a  clerk  of 

the  peace,  sheriff,  coroner,  prothonotary  or  other  officer  presid- 

ing at  a  board  of  canvass,  shall  neglect  to  perform  any  duty  by 

the  election  laws  of  this  State  enjoined  upon  them  respectively; 

or  shall  use  any  falsehood,  fraud  or  deceit,  or  be  guilty  of  any 

corruption,  or  misbehavior,  in  performing  any  of  the  said  duties; 

$5<?1ou$5oo     such  officer,  so  offending,  shall  for  every  such  offence,  forfeit  a 

sum,  not  less  than  fifty  nor  more  than  five  hundred  dollars,  to  any 

person  who  will  sue  for  the  same. 

Proviso  This  section  shall  not  extend  to  any  offence  or  default  against 

which  any  fine,  forfeiture,  or  penalty  is  expressly  provided  by 
any  other  section  of  the  chapter. 


131 

Section  9.     If,   at  any  election,   the  presiding  officer  or 
judge  of  the  election,  shall  knowingly  and  wilfully  receive,  or  fui  votes,  $200 
advise  and  consent  to  the  receiving,  of  the  vote  of  any  person 
not  entitled  to  vote  at  such  election;   or  if  such  presiding  officer, 
or  judge,  shall  knowingly  and  wilfully  refuse  to  receive,  or  advise 
and  concur  in  refusing  to  receive,  the  vote  of  any  person  entitled 
to  vote  at  such  election,  every  such  presiding  officer,  or  judge, 
shall  for  every  such  offence,  forfeit  and  pay  the  sum  of  two  hun- 
dred dollars  to  any  person  who  will  sue  for  the  same;    or  such 
presiding  officer,  or  judge,  shall  for  every  such  offence,  be  deemed 
guilty  of  a  misdemeanor,  and  shall  be  fined  not  less  than  fifty 
nor  more  than  two  hundred  dollars.      Both  the  aforesaid  penal-  $5°  to  $20°  fine 
ties  shall  not  be  incurred  for  the  same  offence  ;    and  a  convic-  Proviso 
tion  upon  an  indictment,  or  a  judgment  in  an  action  of  debt, 
may  be  pleaded  in  abatement  of  the  alternative  proceeding.    But 
in  all  cases,  an  offender  under  this  section,  shall  be  further  liable 
to  be  indicted,  and  punished,  as  in  other  cases,  for  wilful  or  cor- 
rupt perjury  in  having  violated  his  oath  or  affirmation  as  suchperjury 
presiding  officer  or  judge. 


Section  10.     If  any  presiding  officer  of  an  election,  sheriff,  - 

.  or  other  person,  shall  wilfully  destroy,  secrete,  conceal,  embezzle  cate  of  election 
or  purloin,  or  in  any  manner  counterfeit,  alter,  or  vary,  any  cer- 
tificate of  election,  either  of  a  hundred,  or  of  a  county,  or  shall 
wilfully  do  any  act  or  thing  whereby  to  prevent  any  such  certifi- 
cate from  being  duly  produced,  returned,  or  delivered,  according 
to  law;    such  presiding  officer,  sheriff  or  other  person,  shall,  for 
every  such  offence,  be  deemed  guilty  of  a  misdemeanor,  andj>*ltv'  *500 
shall  forfeit  and  pay  a  fine  of  five  hundred  dollars. 

Section  11.     If  any  person,  not  entitled  to  vote,  shall  vote,  Illegal  voting 
or  offer  to  vote,  at  any  election,  or  if  any  person  shall  vote  or 
offer  to  vote,  in  a  hundred  in  which  he  shall  not  at  the  time  of 
such  voting  or  offering  to  vote  reside;    or  if  any  person,  having 
voted  once,  shall  vote,  or  offer  to  vote,  a  second  time  at  the 
same  election,  either  in  the  same,  or  in  another  hundred;    or  if 
any  person  shall  fraudulently  deliver,  or  offer,  to  the  presiding 
officer  of  an  election,  more  than  a  single  ballot;   every  person,  so 
offending,  shall  for  every  such  offence,  forfeit  and  pay  the  sum  Penalty,  $100 
of  one  hundred  dollars  to  any  person  who  will  sue  for  the  same; 
or  the  person  so  offending  shall,  for  every  such  offence,  forfeit 
and  pay  to  the  State  a  fine  of  not  less  than  fifty  dollars,  nor  more  Penalty,  $50  to 
than  five  hundred  dollars.     Both  of  the  aforesaid  penalties  shall  $50° 
not  be  incurred  for  the  same  offence,   and  a  conviction  upon  Proviso 
an  indictment,  or  a  judgment  in  an  action  of  debt,  may  be  pleaded 
in  abatement  of  the  alternative  proceeding. 

Section  12.     If  any  person  shall  give,  offer  or  promise,  any  Bribery 
money,  goods,  chattels  or  other  thing  or  matter,  or  release,  or 


132 


Penalty  oger  fo  reiease  any  debt,  or  obligation  by  way  of  bribe,  gift, 

benefit  or  reward,  for  the  purpose  or  with  the  object  of  influ- 
encing any  elector  in  giving  his  vote,  or  in  refusing  to  vote,  or 
in  absenting  himself  from  the  polls  at  any  election;  or  if  any 
candidate  for  office  at  an  election,  shall,  at  such  election,  influ- 
ence or  attempt  to  influence,  any  elector,  in  giving  or  withholding 
his  vote  or  in  absenting  himself  from  the  polls  by  any  of  the  means 
aforesaid,  or  by  offering  to  serve  in  such  office  for  nothing,  or 
for  a  less  allowance  than  that  prescribed  by  law;  every  such 
person  or  candidate  shall,  for  every  such  offense,  forfeit  and  pay 
the  sum  of  two  hundred  dollars,  one-half  thereof  to  be  for  the 
use  of  the  State,  and  the  other  half  thereof  for  the  person  who 
will  sue  for  the  said  penalty;  and  further,  any  person  or  candi- 
date so  offending,  shall  be  deemed  guilty  of  a  misdemeanor,  and 
upon  conviction  thereof  by  indictment,  shall  be  imprisoned  in 

imprisonment  the  public  jail  of  the  county  wherein  such  offence  may  be  com- 
mitted for  a  term  of  not  less  than  one  and  not  more  than  nine 
months;  and  for  the  term  of  two  years  next  after  said  convic- 

Forfeiture  tion  such  person  shall  forfeit  the  right  of  an  elector;  and  if  any 
candidate  for  office,  so  offending  as  aforesaid,  shall  be  elected, 
his  office  shall,  upon  his  conviction  for  such  offence  as  aforesaid, 

Disqualifies-  foe  vacated,  and  he  be  rendered  incapable  of  serving  therein  for 
the  term  for  which  he  shall  have  been  elected. 


.  I?!'  And  if  any  person  shall  accept  or  receive  anything  so  given, 

Accepting  bribe  Off ered  or  promised  as  above^  with  the  intent,  purpose  and  object 

misdemeanor       .       . ,  .  f.  .~     -  *          •«. 

in  this  section  specified,  such  persons  shall  also  be  deemed  guilty 
of  a  misdemeanor,  and  upon  conviction  thereof  shall,  for  the 
period  of  four  years  from  such  conviction,  forfeit  all  the  rights 
and  privileges  of  an  elector,  and  in  case  of  a  second  or  subse- 
quent conviction,  for  a  like  offence,  shall  forfeit  all  the  rights  and 
privileges  of  an  elector  for  the  period  of  eight  years  from  the 
date  of  any  such  conviction,  and  shall  also,  during  the  period  of 
such  disfranchisement,  be  incompetent  to  serve  as  a  juror.  Pro- 
vided, however,  that  when  any  person,  a  party  to  such  prohibited 
informers  not  transactions,  shall  inform  against  the  other  party  thereto,  and 
shall  give  evidence  against  such  other  party  upon  a  trial,  the 
person  so  testifying  shall  not  be  indicted  for  that  offence. 


Forfeiture 


Proviso 


Betting 


Penalty 


Section  13.  If  any  person,  either  before  or  pending  an  elec- 
tion, or  during  the  reading  and  tallying  of  the  votes  cast  at  an 
election,  shall,  for  himself,  or  for  another  or  others,  lay  any  wager 
or  bet  on  the  result  of  such  election,  or  on  the  election  or  defeat 
of  any  candidate  or  person  voted  for  at  su,ch  election,  every  per- 
son so  offending  shall,  for  every  such  offence,  forfeit  and  pay  to 
any  person  who  will  sue  for  the  same,  double  the  amount  of  such 
wager  or  bet,  or  double  the  value  of  the  thing  betted.  The 


133 

stakeholder  shall,  in  all  cases,  be  a. competent  witness  to  prove Witness 
such  illegal  wager. 

Section  14.     If  any  stakeholder,  or  person  with  whon  any On  stakeholder 
money  or  thing,  so  illegally  betted,  shall  be  deposited,  shall  at 
any  time,  either  before  or  after  such  bet  shall  have  been  decided, 
pay  over  or  deliver,  to  either  or  both  the  persons  betting  the 
same,  or  to  any  other  person  by  the  order  or  for  the  use  of  them, 
or  either  of  them,  the  money  or  thing  so  illegally  betted,  every 
such  stakeholder  or  depositary,  shall  be  liable  to  the  same  for- 
feiture to  which  the  person  betting  may  be  liable  under  the  next 
foregoing  section ;  either  of  the  persons  betting  shall  be  competent  witness 
witnesses  against  such  stakeholder. 

Section  15.     If  any  person  shall,  on  the  day  of  an  election,  Breaches  of  the 
or  during  the  reading 'and  tallying  of  the  votes;  at  any  place peace 
where  such  election  is  held,  or  within  one  mile  thereof,  commit 
an  assault  and  battery;    or  if  any  person  shall  interrupt  or  dis- 
turb the  election,  or  the  officers  thereof,  or  any  of  them,  in  the 
performance  of  any  of  their  duties,  either  in  receiving,  reading 
or  tallying  the  votes,  or  shall  interrupt  or  disturb  the  Inspectors 
and  Sheriff,  or  other  presiding  officer,  when  assembled  as  a  board 
of  canvass,  in  performing  any  of  the  duties  of  such  board,  every 
such  person  shall,  for  every  such  offence,  be  liable  to  be  held 
to  surety  of  the  peace,  and  on  failure  to  give  such  surety  forth- 
with, to  be  committed  to  prison,  and  shall  further  forfeit  and 
pay  to  the  State  a  fine  of  not  less  than  ten  dollars  nor  more  than  £e gaity,  $10  to 
one  hundred  dollars. 

Section  16.     If  any  person  shall,  on  the  day  of  an  election,  ^liquor  Sn- 
or  on  the  day  next  before  or  after  such  day,  make,  set  up,  orlawful 
have,  any  booth,  stall,  or  other  temporary  convenience,  for  the 
purpose  of  selling  any  spirituous,  vinous,  malt,  or  other  intoxi- 
cating liquors,  or  shall  sell,  or  expose  to  sale,  any  spirituous,  Selling  liquor 
vinous,  malt  or  other  intoxicating  liquors,  at  any  place  where prohiblted 
such  election  shall  be  held,  or  within  two  miles  thereof,  or  upon 
any  highway,  or  road  leading  thereto;    every  such  person  shall, 
for  every  such  offence,  forfeit  and  pay  to  the  State  a  fine  of  twenty 
dollars;    and  it  shall  be  the  duty  of  every  justice  of  the  peace  Penalty  $20 fine 
or  constable,  residing  in  any  hundred,  to  abate  or  remove  any  Duty  of  officers 
such  booth,  stall,  or  other  temporary  convenience,  so  set  up  or 
used  in  such  hundred  in  the  manner  and  for  the  purpose  afore- 
said, and  to  hold  the  person  so  having  or  using  such  booth,  stall, 
or  other  temporary  convenience,  to  surety  of  the  peace,  and  in 
default  of  such  surety  being  immediately  given,  to  commit  such 
person  to  prison;    and  every  justice  of  the  peace,  or  constable, 
shall  have  authority  to  command  the  assistance^of  any  citizen  or 
citizens,  in  the  premises.      No  record  need  be  made  of  the  abat- 


134 

ing  or  removing  of  any  booth,  stall,  or  temporary  convenience 
r£lui?e  i1«     as  aforesaid;    but  this  section  and  the  truth  of  the  case  may  in 

Chapter  418,  .  '.  .  -1,1  1  •  *       *       *       * 

Section  14.  Un-  any  suit  be  given  in  evidence  under  the  general  issue. 
intScathifT11  And  no  person  licensed  to  sell  liquor  shall  sell,  give  away,  or  dis- 
day°of  Section  Pense  any  intoxicating  liquors  on  the  day  of  any  general,  special, 
or  municipal  election  within  one  mile  of  the  place  where  the  same 
is  held,  and  such  day  shall  be  reckoned  from  the  midnight  before 
till  the  midnight  after  such  election;    and  any  person  violating 
Misdemeanor    this  provision,  shall  be  guilty  of  a  misdemeanor,  and  upon  con- 
Fine  viction  thereof  shall  forfeit  and  pay  a  fine  of  not  less  than  fifty 
nor  more  than  one  hundred  dollars,   and,  if  holding  a  license 
Forfeiture  of    under  this  act,  shall  forfeit  the  same  in  addition  to  such  fine, 
and  be  incapable  of  receiving  a  license  for  the  space  of  two  years 
thereafter. 


d  °out°  Section  22.  If  any  officer  or  other  person,  shall  call  out  or 
order  any  of  the  militia  of  this  State  to  appear,  exercise,  or  mus- 
ter on  the  day  of  any  election,  or  within  ten  days  before  any  gen- 
eral election,  or  three  days  before  any  special  election  or  election 
for  assessor  and  inspector,  or  within  three  days  after  either  of 
Penalty,  $1,000  such  elections,  except  in  case  of  invasion  or  insurrection,  every 
such  officer  or  other  person  shall  for  every  such  (page  142) 
offence,  forfeit  and  pay  to  the  State  a  fine  of  one  thousand 
dollars. 

Special  bail  in  Section  23.     In  every  suit  or  action  for  a  forfeiture,  or  pen- 

ties8  f°r  penal"  alty,  under  the  foregoing  provisions  (except  in  cases  cognizable 
before  a  justice  of  the  peace)  special  bail  may  be  required  of 
the  defendant  in  double  the  sum  of  such  forfeiture,  or  penalty, 
upon  affidavit  of  the  person  suing,  or  of  any  credible  person  for 
him,  setting  forth  the  facts  on  the  ground  whereof  such  forfeiture 
or  penalty  shall  have  been  incurred 


135 


CHAPTER  487,  VOLUME  12. 
AN  ACT  Further  to  Protect  the  Free  Exercise  of  the  Elective  Franchise. 

Section  1.  That  if  any  person  who  is  a  duly  qualified  elector 
of  this  State,  according  to  the  constitution  and  laws  thereof,  ence 
shall  hereafter  be  prevented  from  voting  or  obstructed  in  his  effort 
to  vote  at  any  election,  by  reason  of  any  interference  by  any 
person  or  persons,  or  military  power,  or  other  power,  exercising 
or  attempting  to  exercise  force,  intimidation  or  threats,  or  requir- 
ing any  qualifications  or  conditions  unknown  to  such  constitu- 
tion and  laws,  he  shall  be  deemed  and  taken  to  have  suffered 
private  damage  and  injury,  and  shall  have  civil  remedy  therefor 
in  the  courts  of  this  State,  by  action  of  trespass,  or  on  the  case, 
according  to  the  nature  of  the  interference,  against  all  and  every 
person  or  persons  who  promoted  such  interference,  whether  by 
active  participation  or  by  advising,  counselling  or  in  any  wise  civil  action  for 
encouraging  the  same,  and  in  any  trial  under  this  act  the  jury,  damaee 
if  in  their  opinion  the  circumstances  will  warrant  it,  may  give 
exemplary  damages. 

Section  2.  That  it  shall  be  the  duty  of  every  citizen  of  this 
State  who  has  knowledge  of  any  design  on  the  part  of  any  other  ures 
citizen  or  citizens  of  this  State  to  promote  interference  with 
elections,  either  by  soliciting  or  advising  the  presence  of  a  mili- 
tary force  at  or  near  the  place  or  places  of  holding  such  elections, 
or  by  the  employment  of  any  other  organized  or  unorganized 
body  of  men,  or  by  intimidation  or  threats  forthwith  to  make 
public  disclosure  of  such  knowledge,  stating  names,  by  an  affi- 
davit to  be  made  before  any  one  of  the  Judges  of  this  State,  and 
file  the  same  in  the  office  of  the  Clerk  of  the  Peace  in  the  county 
where  the  Judge  resides,  and  if  any  such  citizen  having  such 
knowledge  shall  fail  to  make  such  affidavit  and  cause  the  same 
to  be  filed  as  aforesaid  he  shall  be  treated  as  a  promoter  of  the 
interference  mentioned  in  the  first  section  of  this  act,  and  be 
liable  as  therein  provided. 

Section  3.     That  the  limitation  of  actions  commenced  under  Limitation 
this  act  shall  be  ten  years  from  the  time  of  the  accruing  of  the 
cause  of  action. 


136 


CHAPTER  491,  VOLUME  12. 

AN  ACT  Further  to  Secure  the  Free  Exercise  of  the  Right  to  Vote  at 

Elections. 

Military  inter-          Section  1 .     That  if  it  shall  so  happen  hereafter  that  by  res- 
ference  son  of  the  presence  of  any  military  force  at  or  near  the  place  of 

holding  an  election  in  this  State,  under  the  provisions  of  Chapter 
18  of  the  Revised  Code,  electors  duly  qualified  by  the  constitu- 
tion and  laws  of  this  State  to  vote  at  said  place  at  said  election 
shall  be  prevented  from,  or  interfered  with,  in  casting  their  votes, 
by  military  force,  or  the  requirement  of  oaths  unknown  to  said 
constitution  and  laws,   any  number  of   electors,   not  less   than 
five,  shall  have  the  right  to  withdraw  from  said  place  to  any  other 
Electors  shall   place  within  the  voting  district  where  such  prevention  or  inter- 
vote2  'HOW  and  ference  shall  take  place,  and  having  there,  by  a  majority  of  the 
where  electors  present,  selected  a  duly  qualified  elector  of  said  district, 

who  shall  be  a  freeholder,  to  act  as  inspector,  to  deliver  to  him 
there  their  respective  ballots;  which  said  inspector  shall  receive 
the  said  ballots  and  record  the  name  of  the  voter  upon  a  list 
to  be  kept  by  him  for  that  purpose,  and  immediately  write  upon 
each  ballot  the  name  of  the  person  who  delivered  the  same  to 
him — the  said  inspector  having  first  administered  to  each  person 
offered  to  vote  on  the  ground  of  his  being  between  the  age  of 
twenty-one  and  twenty-two  years,  an  oath  or  affirmation  in  the 
following  words,  that  is  to  say:  "You  do  solemnly  swear  (or 
affirm)  that  you  are  of  the  age  of  twenty-one  years,  and  not 
arrived  at  the  age  of  twenty-two  years,  and  that  you  at  this 
time  reside  in  this  hundred,  and  that  you  have  not  voted,  and  will 
not  vote  on  this  day  at  any  other  place  in  this  or  any  other  hun- 
dred, and  that  you  have  resided  in  this  county  one  month,  and 
in  this  State  one  year  next  before  this  election";  and  to  every 
person  offering  to  vote  on  the  ground  of  having  paid  a  tax  and 
being  otherwise  qualified  according  to  the  constitution,  the 
following:  "You  do  solemnly  swear  (or  affirm)  that  you  are  of 
the  age  of  twenty-two  years,  and  that  you  at  this  time  reside 
Oath  in  this  hundred,  and  that  you  have  not  voted,  and  will  not  vote 

on  this  day  at  any  other  place  in  this  or  any  other  hundred,  and 
that  you  have  resided  in  this  county  one  month,  and  in  this 
State  one  year  next  before  this  election,  and  that  you  have  within 
two  years  paid  a  county  tax  which  was  assessed  at  least  six 
months  before  this  election";  and  also  the  further  oath  that  he 
has  been  hindred  or  prevented  from  casting  his  vote  at  the  reg-' 
ular  place  of  holding  the  election,  by  military  interference,  or 
by  the  requirement  of  oaths  unauthorized  by  the  constitution 
and  laws  of  this  State. 


137 

Section  2.  That  the  polls  authorized  to  be  held  by  the  pre-^s-  where 
ceding  section  shall  be  held  at  the  place  where  they  are  opened, 
unless  it  be  impracticable  to  hold  them  there,  in  which  event 
they  shall  be  adjourned  to  some  other  place,  or  places  (if  neces- 
sary), in  the  election  district  where  they  are  opened,  and  there 
held,  and  shall  be  kept  opened  until  five  o'clock  in  the  afternoon, 
when  the  Inspector  shall  close  them.  As  soon  as  such  polls  are 
closed  the  Inspector  holding  them,  having  first  ascertained  the 
number  of  ballots  cast,  and  for  whom  and  for  what  office  the 
votes  were  given,  and  made  a  certificate  thereof,  shall  seal  up 
the  ballots  received  by  him  in  a  box  or  envelope,  and  keep  them 
safely  together  with  the  list  of  the  names  of  the  electors  who 
have  deposited  their  ballots  with  him,  until  the  time  of  the  meet- 
ing of  the  Board  of  Canvass  provided  for  by  the  chapter  afore-  Return  to 


said,  when  he  shall  appear  before  the  said  Board,  with  the  saidST 
ballots  and  list  of  voters  and  his  certificate  aforesaid,  and  deliver 
his  said  certificate  to  the  said  board,  with  an  affidavit  made  by 
him  upon  the  same  that  it  contains  a  true  and  faithful  statement 
of  the  number  of  ballots  received  by  him  as  aforesaid,  the  names 
of  the  electors  who  cast  them,  the  number  of  votes  for  the  dif- 
ferent persons  voted  for,  and  that  at  the  said  poll  held  by  him 
he  did  not,  knowingly,  receive  the  ballot  of  any  person  not  a 
duly  qualified  voter  within  his  election  district,  according  to  the 
constitution  and  laws  of  the  State  of  Delawere,  nor  did  he  refuse 
to  receive  the  ballot  of  any  person  so  qualified,  and  who  had 
been  prevented  from  voting  at  the  regular  place  of  voting  by 
military  force  or  the  requirement  of  an  oath  unauthorized  by 
the  constitution  and  lawrs  of  the  State  of  Delaware;  and  that  he 
determined  every  matter  that  came  before  him  and  performed 
every  act  and  duty  required  of  him  by  law  touching  the  election 
held  by  him,  truly,  faithfully  and  impartially,  according  to  the 
best  of  his  skill  and  judgment. 

Section  3.  That  it  shall  be  the  duty  of  the  Board  of  Can-  gug^  Board 
vass  to  receive  the  said  certificate,  and  in  ascertaining  and  cer- 
tifying the  state  of  the  election  under  the  provisions  of  the  chap- 
ter aforesaid,  to  take  into  consideration  the  number  of  ballots 
certified  by  said  Inspector  to  have  been  received  by  him  and 
for  whom  and  for  what  office  the  votes  were  given,  and  give  said 
certificate  the  same  force  and  effect,  and  it  shall  have  the  same 
force  and  effect  as  a  certificate  of  the  election  officers  at  any  of 
the  regular  places  of  holding  the  election;  and  the  votes  given 
shall  be  reckoned  among  the  number  of  votes  given  in  the  elec- 
tion district  where  they  were  received  by  the  said  Insepctor  in 
the  same  manner  as  if  they  had  been  given  at  the  regular  place  Proviso 
of  voting  in  said  district:  Provided  always,  however,  That  the 
said  Board  shall  be,  and  they  are  hereby  required  to  hear  and 
determine  challenges  of  the  right  of  any  person  who  delivered 


138 

his  ballot  to  the  said  Insepctor,  and  reject  any  ballot  if  the  per- 
son who  cast  the  same  had  not  a  right  to  vote  under  the  consti- 
tution and  laws  of  this  State,  either  from  want  of  qualification, 
or  by  reason  of  his  having  voted  at  any  other  place  in  the  State 
where  he  was  entitled  to  vote  on  the  same  day.  Such  of  the 
said  ballots,  so  received  by  the  said  Inspector,  as  are  not  rejected 
by  the  Board  of  Canvass,  and  also  the  list  of  voters,  and  the 
certificate  aforesaid,  shall  be  deposited  by  the  said  Board  in  the 
regular  ballot  box  of  the  election  district  where  they  were  cast, 
and  the  said  box  shall  then  be  immediately  resealed  by  the  presid- 
ing Officer  of  the  Board  of  Canvass.  The  said  Board  shall  also 
have  power  to  examine,  on  oath  the  said  Inspector,  touching 
any  matter  connected  with  the  holding  of  the  election  by  him, 
and  shall  have  power,  if  it  appear  to  them  that  the  said  election 
was  not  fairly  held  by  any  Inspector,  to  reject  his  said  certificate, 
and  throw  out  the  vote  returned  by  him  as  aforesaid. 

?a°sasrdmay  ^         Section  4.     That  if  it  shall  be  apparent  to  a  Board  of  Can- 


me°e°tin  Pin°case vass  ^  *  an^  interference  with  the  performance  of  their  duties 
of  military  in- under  Chapter  18  aforesaid  and  this  act  will  be  attempted  by 
military  force  or,  if  after  they  have  met,  any  such  interference 
shall  be  attempted,  they  shall  have  power  to  meet  at  any  other 
place  within  their  county  to  perform  their  said  duties.  And 
further,  if  any  member  of  a  Board  of  Canvass  or  any  Inspector 
created  by  virtue  of  this  act  shall  be  prevented  by  reason  of  such 
interference  from  attending  the  meeting  of  the  Board,  or  if  the 
Board,  being  met,  shall  be  prevented  by  such  interference  from 
performing  the  duties  incumbent  on  them,  it  shall  be  the  duty 
of  the  said  Board  to  adjourn  to  meet  at  some  other  time  and 
other  place  (if  necessary)  to  perform  their  duties  under  the  laws 
of  this  State,  and  so  to  adjourn  from  time  to  time  until  such 
duties  can  be  performed.  The  duty  of  attendance  upon  said 
Board  on  the  part  of  an  Inspector  created  by  authority  of  this 
act  and  the  penalties  upon  him  for  not  appearing  shall  be  the 
same  as  in  the  case  of  the  Inspectors  regularly  elected  according 
to  law,  but  no  such  Inspector  shall  be  a  member  of  the  Board  of 
Canvass. 

no^Hmitid01^  Section  5.  That  nothing  herein  contained  shall  limit  the 
two^in  each  dis- voting  places  to  two  in  an  election  district,  but  the  emergency 
contemplated  above  rising,  as  many  different  polls  may  be  held 
as  there  are  number  of  voters  of  five  or  more,  who  under  the 
circumstances  aforesaid  withdraw  from  the  regular  place  of  hold- 
ing the  election  for  the  purpose  of  casting  their  ballots  without 
intimidation  or  interference. 

Clerk  Section  6.     That  each  Inspector  created  by  authority  of  this 

act  shall  havejDOwer  to  appoint  a  Clerk  to  aid  him  in  the  dis- 
charge of  such  duties  as  are  clerical,  and  shall  administer  to  him 


139 

before  he  enters  upon  the  discharge  of  the  duties  to  be  assigned 
to  him  an  oath  or  affirmation  in  these  words:  "You  do  solemnly 
swear  (or  affirm)  that  as  Clerk  of  this  election  you  will  not  use°ath 
nor  assent  to  any  falsehood,  fraud  or  deceit,  and  that  you  will 
keep  the  polls  and  perform  all  your  duties  truly,  faithfully  and 
impartially,  so  help  you  God  (or  so  you  solemnly  affirm)."  The 
Inspectors  and  Clerks  shall  receive  the  same  compensation  as 
Inspectors  and  Clerks  elected  and  appointed  under  the  present 
election  law. 


CHAPTER  575,  VOLUME  19. 
AN  ACT  Concerning  Bribery. 

Section  1.     That  if  any  person  shall  bribe  or  attempt  to  g£bij«'0 
bribe  any  one  holding  or  expecting  to  hold  any  official  position  an™Peiection 
under  the  election  or  registration  laws  of  this  State,  either  as ° 
Registrar,  Judge,   Inspector,  Voters'  Assistant  or  otherwise,  by 
giving  money  or  the  promise  of  money,  office  or  the  promise  of 
office  or  position,  either  under  the  State  or  Federal  government, 
to  perform  any  service  for  any  political  party  in  this  State  or  to 
favor  any  candidate  for  political  office  (he)  shall  be  deemed  guilty 
of  a  misdemeanor,  and  upon  conviction  thereof  by  indictment 
shall  be  fined  not  exceeding  one  thousand  dollars,  and  may  also, 
in  the  discretion  of  the  Court,  be  imprisoned  for  a  term  not 
exceeding  six  months. 

Passed  at  Dover,  May  4,  1893. 


140 


CHAPTER  29,  VOLUME  17. 
AN  ACT  in  Relation  to  the  Election  of  Assessors  and  Inspectors. 

Amended,  Voi-  Section  1.  That  hereafter  the  election  of  assessors  for  the 
several  hundreds  in  the  respective  counties  of  this  State,  and 
assessors  for  the  assessment  districts  in  Wilmington  hundred, 
shall  be  held  by  ballot  biennially  in  the  hundreds  aforesaid, 
(excepting  Wilmington  hundred,  which  election  for  assessor  shall 

o7Toid"ngplacebe  held  quadrennially)  on  the  Tuesday  next  after  the  first  Mon- 

eiection  ^ay  jn  November,  at  the  same  time  and  in  the  same  places  as 

are  now  appointed  by  law  for  holding  the  general  election,  and 
the  said  assessors  shall  be  voted  for  upon  the  same  ballots  voted 

Ballots  for  other  officers  elected  at  the  general  election  aforesaid. 


Counting   of 
votes 


Tie 


Section  2. 

The  person  having  the  highest  number  of  votes  for  said 
offices,  respectively,  shall  be  chosen;  but  if  two  or  more  persons 
shall  have  an  equal  and  at  the  same  time  the  highest  number  of 
votes  for  either  of  said  offices  the  Inspector  shall  give  an  additional 

casting  vote. 

* 

Section  3.  *  *  *  * 

Section  4.  *  *  *  * 

Section  5.  *  *  *  * 

Section  6.  *  *  *  * 

Section  7.  *  *  *  * 

Section  8.  *  *  *  * 

Section  9.  *  *  *  * 

Passed  at  Dover,  April  13,  1883. 


141 


CHAPTER  43,  VOLUME  21. 
AN  ACT  Providing  for  the  Election  of  Assessors  in  Kent  County. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the 
State  of  Delaware  in  General  Assembly  met: 

Section  1 .     That  at  the  general  election  to  be  held  in  the  Election  of  As 
year  A.  D.,  1898,  and  every  second  year  thereafter  there  shall  be  ses^ore'L? 
elected  from  each  of  the  representative  districts  into  which  Kent Kent  ****** 
County  is  divided  by  the  constitution  of  this  State,  by  the  quali- 
fied voters  thereof,  one  person  to  be  assessor  in  and  for  such 
representative  district. 

Section  2.  That  the  person  so  elected  assessor  shall  be 
resident  of  the  district  for  which  he  shall  be  elected;  and  shall 
at  the  time  of  his  election  have  been  a  citizen  and  inhabitant  of 
the  State  three  years  next  preceding  the  day  of  his  election.  And 
the  last  year  of  that  term  a  resident  of  the  district  for  which  he 
shall  be  elected. 

Section  3.         *         *         *         *         *         * 
Approved  June  1,  A.  D.,  1898. 


142 


Inspectors  for 
general   elec- 
tion   in    1898 
(Wilmington 
excepted) .  ap- 
pointed by 
Governor 


CHAPTER  394,  VOLUME  20. 

AN  ACT  in  Relation  to  the  Appointment  and  Election  of  the  Inspectors  of 
Election  in  and  for  the  State  of  Delaware,  Exclusive  of  the  City  of  Wil- 
mington. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the 
State  of  Delaware  in  General  Assembly  met: 

Section  1.  That  the  Governor  of  this  State  be  and  he  is 
hereby  authorized  to  appoint  an  Inspector  for  each  and  every 
election  district  in  the  State  of  Delaware,  (exclusive  of  the  City 
of  Wilmington)  to  hold  the  general  election  for  the  year  A.  D. 
1898. 


Thereafter  to  Section  2.     That  at  the  general  election  to  be  held  in  the 

year  A.  D.  1898,  and  at  each  and  every  general  election  there- 
after, the  election  of  Inspectors  for  the  several  election  districts 
in  the  respective  counties  in  this  state  (exclusive  of  the  City  of 
Wilmington)  shall  be  held  by  ballot  in  the  districts  aforesaid  on 
the  Tuesday  next  after  the  first  Monday  in  November  at  the 
same  time  and  in  the  same  place  as  are  now  appointed  by  law 
for  holding  the  general  election  and  the  said  Inspectors  shall  be 
voted  for  upon  the  same  ballots  voted  for  other  officers  elected 
at  the  election  aforesaid. 

Section  3.     That  this  act  shall  be  deemed  and  taken  to  be 
a  public  act. 

Passed  at  Dover,  April  8,  A.  D.,  1897. 


143 


CHAPTER  21,  VOLUME  15. 

Preceding  Sections  of  this  Chapter  supplied. 
SPECIAL  ELECTION   FOR  GENERAL  ASSEMBLY. 

Section  37.     Whenever   a   vacancy   shall   happen  in   either  Vacancies 
branch  of  the  General  Assembly,  whether  by  death,  resignation 
of  removal  of  a  member,  by  tie  vote  at  the  general  elect  'on,  or 
otherwise,  the  speaker  of  the  house  in  which  the  vacancy  hap- 
pens (if  the  General  Assembly  be  then  sitting),  or  (if  it  be  not 
sitting  at  the  happening  of  such  vacancy),  the  Governor  shall 
immediately   issue   writs   of    election   for   filling   such   vacancy,  writs  of  eiec- 
directly  to  the  Sheriff  of  the  county  in  which  such  vacancy  tlc 
happens. 

Section  38.  If  a  writ  of  election  to  fill  a  vacancy  in  the  When  executed 
Senate  be  issued  after  an  adjournment,  without  day,  of  the  Gen- 
eral Assembly,  and  not  less  than  ten  days  before  the  holding  of 
the  general  election,  the  said  writ  shall  be  executed  at  the  time  of 
holding  the  next  general  election;  the  election  to  fill  the  vacancy 
pursuant  to  said  writ  being  held  by  the  same  persons  and  in  all 
respects  at  the  general  election,  unless  a  session  of  the  General 
Assembly  shall,  in  the  meantime,  be  convened  by  the  Governor. 

Section  39.     If  a  vacancy  shall  happen  in  the  House  of  Rep-  Not  to  issue, 
resentatives  after  an  adjournment  without  day,  of  the  General  wi 
Assembly,  no  writ  of  election  shall  be  issued  under  Section  37, 
unless  the  Governor  shall  also  issue  a  writ  for  convening  the 
General  Assembl. 


Section  40.     The  Sheriff  shall,  on  the  next  day  after  receiv-  gotug  by 
ing  a  writ  of  election,  unless  the  same  shall  be  Sunday,  and  then 
on  the  Monday  next  following,   put  up  on  the  outside  of  the 
Court  House  door  of  his  county,  and  also  in  one  of  the  most  pub- 
lic places  of  each  hundred  of  this  county,  a  proclamation  recit-  Proclamation 
ing  the  said  writ  and  appointing  a  day  for  holding  a  special  elec- 
tion pursuant  thereto  —  such  day  not  to  be  more  than  five  nor 
less  than  four  days  next  after  the  day  of  receiving  the  writ  exclu- 
sive of  that   day;    subject,   however,   to  the  provisions  of  the 
thirty-eighth  section  in  cases  falling  within  that  section. 

Section  41.     The  Sheriff  shall  also,  upon  receiving  a  writ  of  Notice  to  in- 
election,  deliver  a  written  notice  thereof,  and  of  the  day  appointed  sp 
for  holding  an  election  pursuant  thereto,   to  the  Inspector 


144 

each  hundred  of  his  county  who  served  at  the  preceding  general 
election;  or  if  such  Inspector  of  any  hundred  be  dead,  removed 
or  unable  to  serve,  then  to  the  Assessor  of  such  hundred;  and 
the  said  Sheriff  shall,  in  such  written  notice  require  the  Inspector 
or  Assessor  to  produce  the  certificate  of  the  election,  to  be  held 
in  his  hundred,  at  the  Court  House  of  his  county,  on  the  day 
next  after  the  day  of  holding  the  election  by  twelve  o'clock  noon. 

by  In~  Section  42.     Every    Inspector    or   Assessor    receiving    such 

notice  as  aforesaid,  shall  forthwith  give  public  notice  thereof  by 
advertisements  posted  in  at  least  five  of  the  most  public  places 
of  his  hundred,  stating  the  day  and  place  of  election  and  the 
officer  or  officers  to  be  chosen. 

Presiding  Offi-  Section  43.     The  Inspector  of  the  hundred  who  shall  have 

served  at  the  next  preceding  general  election,  or  in  case  of  his 
death,  removal,  or  inability,  the  Assessor  of  the  hundred,  shall 
be  the  presiding  officer  for  such  special  election;  and  if  both 
Inspector  and  Assessor  shall  be  absent  from  the  place  of  election 
at  the  time  for  opening  the  same,  the  Electors  present  shall 
choose  a  presiding  officer,  as  above  prescribed  in  the  tenth  sec- 
tion of  this  chapter  for  choosing  a  presiding  officer  at  the  general 
election. 

judges  of  Eiec-  Section  44.  The  presiding  officer  of  such  special  election 
shall,  before  opening  the  same,  take  to  his  assistance,  from  among 
the  qualified  electors  of  the  hundred,  two  persons  to  be  judges 
of  the  election;  who  shall  be  subject  to  the  same  penalty  for  a 
refusal  to  serve,  and  shall,  with  the  presiding  officer,  be  qualified 
in  like  manner  as  is  provided  in  case  of  the  general  election. 

Place  Section  45.     Every  special   election  shall  be  held  in  each 

hundred  at  the  place  appointed  by  law  for  holding  the  general 
election,  and  shall  be  opened,  conducted  and  closed  at  the  same 
time,  and  in  the  same  manner,  and  under  the  same  regulations 
as  the  general  election. 


Section  46.  The  Inspectors  of  the  several  hundreds  shall, 
on  ^e  ^ay  next  after  tne  day  °f  holding  a  special  election, -at 
twelve  of  the  clock,  noon,  meet  at  the  court  house  of  the  county 
as  a  Board  of  Canvass.  The  Sheriff  of  the  county  shall  then  and 
;s  there  attend  as  the  presiding  officer  of  the  said  board;  and  in 
case  of  his  absence,  the  coroner  shall  act;  and  in  case  of  his 
absence,  the  prothonotary  of  the  county  shall  act  and  in  case  of 
his  absence  a  presiding  officer  shall  be  chosen  by  the  inspectors 
present.  The  certificates  of  the  election  in  the  several  hundreds, 
Substitutes  shall  be  produced  and  the  State  of  the  election  throughout  the 
county  shall  fae  ascertained,  and  certificates  thereof  shall  be 


145 

made  and  returned,  in  the  same  manner  and  under  the  same 
regulations  as  provided  for  the  general  election;  and  the  sheriff, 
or  other  presiding  officer  of  the  board  of  canvass,  shall  have  the 
power  for  compelling  the  attendance  of  inspectors  and  obtaining 
the  certificates  of  election  as  in  case  of  the  general  election. 


CHAPTER  20,  REVISED  CODE. 
Election  of  Electors  of  President  and  Vice-President. 

Section  1.     The  electors  to  be  appointed  in  this  State  forHow  chosen 
the  election  of   a   President   and  Vice-President  of  the   United 
States,  shall  be  chosen  by  ballot  by  the  citizens  of  the  State 
having   the  right   to   vote  for  representatives   in  the   General 

Assembly. 

Section  2.     For  this  purpose  an  election  shall  be  held  on  Election,  when 
the  Tuesday  next  after  the  first  Monday  (in  the  month  of  Novem-  e 
ber)  of  the' year  in  which  such  electors  are  to  be  chosen,  in  the'oJ32??V<a- 
several  counties  of  this  State  at  the  place  in  the  hundreds  respec-  ume  11. 
lively  at  which  the  general  election  in  the  same  year  is  held;  where 
but  if  it  be  impracticable  to  hold  the  election  at  any  such  place, 
the  Inspector  shall  appoint  some  other  place  and  give  notice 
thereof  as  prescribed  in  relation  to  the  general  election. 

Section  3.     The  Governor,  in  October  next  preceding  every  Proclamation 
election  to  be  held  pursuant  to  this  act,  shall  by  proclamation 
make  known  the  number  of  the  electors  to  be  chosen,  and  the  day 
of  said  election. 

Section  4.     The   election  shall   be   conducted  in  the   same  Election,  how 
manner  and  form  and  by  the  same  persons  and  officers,  and  under  conducted 
the  same  regulations  in  all  respects,  as  the  general  election  for 
the  same  year. 

Section  5.     See  Section  6,   Article  V  of   Constitution  and  HOW  delivered 
Chapter  38,  Volume  21.  *     *     The  lists  of  the  polls,  the  lists  Paperg 

of  voters,  and  alphabetical  lists  shall  be  delivered  by  the  several 
Inspectors  to  the  Clerk  of  the  Peace  of  the  county,  agreeably  to 
Section  33  of  Chapter  18. 


146 


Proclamation 
of  -result 


Lists 


Section  6.  The  Governor  shall  without  delay  examine  the 
certificates  and  ascertain  the  electors  chosen,  and  make  known 
the  same  by  proclamation,  and  cause  notice  of  his  election  to  be 
transmitted  to  each  elector.  He  shall  also  cause  three  lists  of 
the  names  of  the  electors,  duly  made  and  certified,  to  be  deliv- 
e^ed  to  thie  electors,  according  to  the  act  of  Congress  in  that 
behalf  on  or  before  the  day  appointed  for  their  meeting. 


No  election 


Legislature 
convened 


To  appoint 


Section  7.  If  upon  examining  the  aforesaid  certificates  it 
shall  appear  to  the  governor  that  there  has  been  a  failure  to 
choose  one  or  more  of  the  electors  to  be  appointed  in  this  State 
as  aforesaid,  or  if  from  any  cause  electors  shall  fail  to  be  chosen 
as  hereinbefore  prescribed,  he  shall  immediately  issue  writs  for 
convening  the  General  Assembly,  at  Dover  on  the  fourth  Monday 
of  the  same  November ;  and  the  elector  or  electors  to  be  appointed 
in  this  State  for  the  election  of  a  President  and  Vice-President 
of  the  United  States  and  not  chosen  at  the  election  held  pur- 
suant to  the  provisions  of  this  chapter,  shall  be  appointed  by 
ballot  by  the  General  Assembly  so  convened  in  joint  meeting  of 
the  Senate  and  House  of  Representatives. 


Mode  of  choos- 
ing 


Tie 


Casting  vote 


Controlling 
vote 


Section  8.  In  such  joint  meeting  there  shall  be  a  distinct 
balloting  for  each  elector,  and  a  majority  of  all  the  votes  given 
shall  be  necessary  to  an  appointment;  but  if  upon  any  ballot- 
ings  two  persons  only  shall  be  voted  for,  and  each  shall  receive 
an  equal  number  of  votes,  the  Speaker  of  the  Senate  shall  give 
an  additional  casting  vote;  if  upon  twice  balloting  in  succession 
more  than  two  persons  be  voted  for,  and  one  of  said  persons  on 
each  balloting  receive  one  half  the  number  of  all  the  votes  given, 
the  Speaker  of  the  Senate  may,  on  the  second  balloting,  give 
an  additional  casting  vote  to  the  person  having  one-half  of  the 
number  of  all  the  votes  given,  or  if  he  decline,  the  Speaker  of  the 
House  of  Representatives  may,  if  he  think  proper,  give  an  addi- 
tional casting  vote  to  the  person  having  one-half  of  said  votes. 


Disqualifica- 
tion 


Section  9.  No  member  of  the  General  Assembly  for  the 
time  being  shall  be  appointed  an  elector  of  President  and  Vice- 
President  under  the  foregoing  section. 


Certificates, 
how  made 


Section  10.  Certificates  of  such  appointment  by  the  Gen- 
eral Assembly  shall  be  duly  made  and  signed  by  the  Speaker  of 
the  Senate  and  the  Speaker  of  the  House  of  Representatives, 
and  attested  by  the  clerks  of  said  houses  respectively,  and  shall 
How  delivered  be  transmitted  by  the  Speaker  of  the  Senate  as  follows,  to  wit : 
One  to  the  Governor,  in  order  that  lists  may  be  made,  certified 
and  delivered,  according  to  the  act  of  Congress  in  that  behalf, 
and  one  to  each  of  the  electors  appointed. 


147 

Section  11.     The  electors  chosen  or  appointed  in  this  State  ?^ctors'  meet- 
for  the  election  of  a  President  and  Vice-President  of  the  United  ^ 
States  shall  meet  and  give  their  votes  at  Dover  on  the  day  deter-  voting 
mined  by  Congress  for  that  purpose. 

Section  12.     In  case  of  the  death  or  inability  to  attend  of  Substitutes 
either  of  the  electors,  or  if  either  of  the  electors  be  not  present 
at  the  said  time  and  place  of  meeting  by  twelve  of  the  clock, 
noon,  of  the  said  day,  the  electors  present  shall  appoint  an  elector 
in  the  place  of  him  so  not  present. 

Section  13.     The  electors  may  employ  a  clerk,  who  shall  cierk 
receive  for  his  services  the  sum  of  ten  dollars. 

Section  14.     The  electors  respectively  shall  receive  for  attend-  Pay 
ance  and  travel  the  same  compensation  as  members  of  the  Gen- 
eral Assembly,  to  be  paid,  as  also  the  compensation  of  the  clerk, 
by  the  State  Treasurer,  on  a  warrant  signed  by  the  electors,  out 
of  any  money  in  the  treasury  not  otherwise  appropriated. 


148 


Places 


CHAPTER  21,  REVISED  CODE. 
Election  of  Representatives  in  Congress. 

Time  of  eiec-  Section  1.     An   election   for   choosing   a   representative   or 

tion.       Amend-  ,          ..         "*»  %          .    _   .      ._ 

ment  Chapter  representatives,  as  the  case  may  be,  for  the  people  of  this  State 
2'  in  the  Congress  of  the  United  States,  shall  be  held  on  the  (Tues- 
day next  after  the  first  Monday)  of  November,  in  the  year  in 
which  the  general  election  is  held,  in  the  several  counties  of  this 
State,  at  the  same  places  at  which  the  election  for  members  of 
the  General  Assembly  of  this  State  shall,  for  the  time  then  being 
be  held,  in  said  counties  respectively. 

HOW  conducted  Section  2.  Such  election  for  representative  or  representa- 
tives in  Congress,  shall  be  conducted  in  the  same  manner  and 
form,  by  the  same  persons  and  officers,  and  under  the  same  regu- 
lations in  all  respects,  as  the  election  for  members  of  the  General 
Assembly;  and  the  votes  given  in  each  county  for  representa- 
tive or  representatives  in  Congress,  shall  be  calculated  and  ascer- 
tained at  the  same  time  and  place,  in  the  same  manner  and  by 
and  under  the  same  means  and  regulations  as  those  for  members 
of  the  General  Assembly. 

Returns  Section  3.  Returns  shall  be  made  to  the  Governor  as  the 

law  directs;  and  the  Governor  shall,  without  delay,  examine  the 
returns,  and  declare  the  person  or  persons  elected,  and  shall  issue 
certificates  of  such  election  under  his  hand  and  the  great  seal  of 
the  State;  one  of  which  he  shall  transmit  to  the  Secretary  of 

HOW  sent  State  of  the  United  States,  and  one  to  the  person  elected,  or 
if  more  than  one,  to  each  of  them;  the  returns  shall  be  filed  in 
the  office  of  the  Secretary  of  State;  and  the  Governor  shall,  by 

Proclamation  proclamation,  make  public  the  state  of  the  vote  by  causing  the 
same  to  be  published  in  one  or  more  of  the  public  newspapers 
of  this  State. 


Certificates 


Filed 


SPECIAL  ELECTION. 

Vacancies,  how  Section  4.  Whenever  a  vacancy  shall  happen  by  death, 
resignation  or  otherwise  in  the  representation  from  this  State  in 
the  House  of  Representatives  of  the  United  States  an  election 

where  shall  be  held  to  fill  such  a  vacancy  on  such  day  as  the  Governor 

shall  appoint  in  the  several  counties  of  this  State  at  the  same 
places  which  at  the  time  shall  be  prescribed  by  law  for  holding 
the  general  election. 


149 

Section  5.  The  Governor  shall  issue  writs  of  election  to  the  J^8  of  elec- 
Sheriffs  of  the  several  counties,  reciting  the  vacancy,  and  com- 
manding each  Sheriff  to  cause  an  election  to  be  held  in  his  county 
on  the  day  in  the  said  writ  mentioned,  at  the  places  by  law  pre- 
scribed for  holding  the  general  election  in  said  county,  for  choos- 
ing a  representative  in  place  of  him  whose  seat  shall  have  so 
become  vacant,  which  writ  shall  be  delvered  to  each  Sheriff  at 
least  seven  days  before  the  day  therein  appointed  for  holding 
the  election. 

Section  6.     Each  Sheriff  shall,  within  ten  days  after  receiv-  Notice  by 
ing  such  writ,  put  upon  the  outside  of  the  court  house  door  of  Sh 
his  county,  and  also  at  one  of  the  most  public  places  in  every 
hundred  of  his  county,  a  proclamation  reciting  the  said  writ  and 
requiring  an  election  to  be  held  pursuant  thereto,  and  shall  also 
deliver  such  a  proclamation  to  the  Inspector  of  each  hundred  in 
his  county,  who  shall  have  served  at  the  general  election  then 
next  preceding,  or  in  case  of  his  death,  removal  or  inability  to 
serve  to  the  Assessor  of  such  hundred. 

Section  7.     Such  Inspector  or  Assessor  shall  forthwith,  after  Notice  by  in- 
receiving  such  proclamation,  give  notice  of  the  election  by  adver-  sp6^0",  etc. 
tisement  under  his  hand,  posted  in  at  least  five  of  the  most  public . 
places  of  his  hundred. 

Section  8.     A  special  election  for  Representative  or  Repre-  Special  eiec- 
sentatives  in  Congress  shall  be  conducted  in  the  same  manner tlons'  how  held 
and  form  by  the  same  persons  and  officers,  and  under  the  same 
regulations  in  all  respects  as  a  special  election  to  supply  a  vacancy 
in  either  house  of  the  General  Assembly,  and  the  votes  given 
in  each  county  shall  be  calculated  and  ascertained  at  the  same 
time  and  place  and  in  like  manner,  and  by  the  same  method 
and  regulations  as  in  case  of  such  special  election. 

Section  9.     Returns  shall  be  made  to  the  Governor,  whoRetums 
shall  declare  the  person  elected,  and  grant  certificates  and  issue 
proclamation  as  prescribed  in  the  third  section  of  this  chapter. 

Section  10.     It  shall  be  in  the  discretion  of  the  Governor  Governor's  se- 
whether  to  appoint  a  day  for  holding  such  elections  before  the  ItSe011  as  t( 
day  of  holding  the  general  election  next  after  the  happening  of 
such  vacancy,  and  if  the  day  of  holding  the  general  election  shall 
be  appointed  then  the  election  shall  be  held  and  conducted  and 
all   the  proceedings  touching  the  same  had,   according  to  the 
provisions  of  the  first  three  sections  of  this  chapter. 


150 


Contesting 
seats      in      the 
Legislature 


Notice  of 


Specifications 


Illegal  votes 


Names 


Grounds 


CHAPTER  23,  REVISED  CODE. 
Of  Contested  Elections. 

Section  1.  Any  person  intending  to  contest  the  election  or 
the  eligibility  of  any  one  returned  by  the  Board  of  Canvass  as  a 
member  of  either  branch  of  the  General  Assembly  from  either  of 
the  counties  of  this  State  shall,  at  least  twenty  days  before  the 
meeting  of  the  General  Assembly,  give  written  notice  of  such 
intention  to  the  person  whose  seat  he  intends  to  contest,  and 
within  ten  days  after  said  notice  shall  deliver  to  him  a  written 
specification  of  the  several  grounds  upon  wh'ch  it  is  intended 
to  contest  the  said  election  or  the  eligibility  of  the  person  so 
returned  as  aforesaid,  and  if  one  of  the  said  grounds  shall  be 
that  illegal  votes  were  given  at  such  election  for  the  person  so 
returned,  then  such  specification  shall  particularly  set  forth  the 
name  of  each  alleged,  illegal  voter,  with  the  several  objections 
to  the  legality  of  his  vote. 

Section  2.  The  person  returned  as  aforesaid  shall,  within 
fifteen  days  after  receiving  such  notice,  deliver  to  the  person  so 
contesting  his  seat  a  like  specification  of  objections  to  the  right 
of  contestants  to  such  seat. 

Section  3.  Every  specification  as  aforesaid  shall  be  verified 
by  affidavit  of  the  party  delivering  the  same,  stating  that  he 
verily  believes  that  the  grounds  of  objection  set  forth  are  sub- 
stantially true,  and  the  voters  specified  as  illegal  voters  were  not 
entitled  by  law  to  vote  at  the  election  in  question. 

,  howde-  Section  4.  Copies  of  said  notice  and  specifications  verified 
as  aforesaid  shall  be  delivered  to  the  Speaker  of  the  House  hav- 
ing cognizance  of  the  matter,  the  contestant  to  deliver  his  notice 
and  specifications  with  his  petition  on  the  first  day  of  the  session, 
and  the  sitting  member  so  to  deliver  a  copy  of  his  specifications 
to  the  said  Speaker  when  he  delivers  them  to  the  contestant. 


Restrictions 


Costs 


Section  5.  In  the  trial  of  the  case  of  contested  election  the 
parties  shall  be  restricted  to  the  grounds  of  objection  in  the  speci- 
fications set  forth,  and  shall  not  examine  into  the  illegality  of 
any  votes  other  than  those  specified  as  illegal,  nor  impeach  such 
votes  for  any  causes  other  than  those  so  specified  as  aforesaid. 

Section  6.  If  the  House  having  cognizance  of  the  matter 
shall  determine  that  the  sitting  member  is  not  entitled  to  his 


151 

seat,  it  may  order  that  the  costs  incurred  by  such  contested  elec-  J*s£;ivolous 
tion  be  paid  by  the  county  from  which  such  member  shall  have 
been  returned  as  duly  elected,  and  in  that  case  provision  for  the 
payment  of  such  costs  shall  be  made  by  the  Levy  Court  of  the 
said  county  at  its  next  session  after  the  adjournment  of  the 
General  Assembly. 

Section  7 .  The  said  House  in  determining  against  the  claim  Costs  of  con~ 
of  the  contestant  may  also  decide  that  the  proceeding  on  his 
part  is  frivolous  and  vexatious,  and  may  order  that  he  shall  pay 
all  the  costs  of  the  said  contested  election,  but  without  such 
order  the  contestant  shall  not  be  liable  to  costs,  and  the  same 
shall  be  paid  by  the  State  as  heretofore  in  like  cases. 

Section  8.  Any  order  for  the  payment  of  costs  by  the  con-  Jf0xs^:ution  for 
testant  shall  be  enforced  by  a  writ  issued  by  the  Speaker  of  the 
House  in  which  such  election  was  contested  to  the  Sheriff  of 
Kent  county,  directing  him  to  levy,  and  make  the  amount  thereof 
of  the  goods  and  chattels,  lands  and  tenements  of  the  said  peti-  . 
tioner,  under  which  writ  the  said  Sheriff  shall  sell  the  same  or 
such  part  thereof  as  may  be  necessary  to  satisfy  said  writ,  upon 
fifteen  days'  notice,  posted  as  required  in  cases  of  sale  on  execu- 
tion process,  and  shall  pay  over  the  amount  by  him  received 
upon  said  writ  to  the  State  Treasurer,  for  the  purpose  of  reim- 
bursing to  the  treasury  the  sums  drawn  therefrom  to  pay  the  costs 
of  said  contested  election. 


152 


CHAPTER  33,  VOLUME  17. 

AN  ACT  in  Relation  to  Contested  Elections  other  than  for  Members  of  the 
General  Assembly  and  Governor. 

test0  may  c°n"  Section  1.  Any  person  claiming  to  be  elected  to  an  office 
to  be  exercised  in  and  for  any  county  or  hundred  may  contest 
the  right  of  any  person  declared  to  be  duly  elected  to  such  office 

Causes  for  any  of  ^e  following  causes,  to  wit:  1st.  For  malconduct  on 

the  part  of  the  officers  or  judges  holding  the  election  or  any  one 
of  them;  2d.  When  the  person  whose  right  to  the  office  is  con- 
tested was  not  at  the  time  of  the  election  eligible  to  such  office; 
3d.  When  the  person  whose  right  is  contested  has  given  to  an 
elector  or  inspector,  judge  or  clerk  of  the  election,  any  bribe  or 
reward,  or  shall  have  offered  any  bribe  or  reward  for  the  purpose 
of  procuring  his  election;  4th.  On  account  of  illegal  votes. 


Section  2.  No  inequality  or  improper  conduct  in  the  pro- 
not  invalidate  ceedings  of  the  officers  or  judges  aforesaid,  or  any  one  of  them, 
shall  be  construed  to  amount  to  such  malconduct  as  to  annul  or 
set  aside  any  election,  unless  the  inequality  or  improper  conduct 
shall  have  been  such  as  to  procure  the  person  whose  right  to  the 
office  may  be  contested  -to  be  declared  duly  elected  when  he  has 
not  received  the  highest  number  of  legal  votes  cast  at  said 
election. 

Chap.  572,  voi,         Section'  3.     ******* 

Section  4.     Nothing  in  the  fourth  ground  or  cause  of  con- 

test specified  in  the  first  section  of  this  act  shall  be  so  construed 

as  to  authorize  an  election  to  be  set  aside  or  annulled  on  account 

when  set  aside  of  illegal  votes,  unless  it  shall  appear  that  an  amount  of  illegal 

_or  i  ega      *•  votes  has  been  given  to  the  person  whose  right  to  the  office  is 

contested  which,  taken  from  him,  would  reduce  the  number  of 

his  legal  votes  below  the  number  of  votes  given  to  some  other 

person  for  the  same  office,  after  deducting  therefrom  the  illegal 

votes  which  may  be  shown  to  have  been  given  to  such  other 

person. 

ji-  Section  5.  In  cases  arising  under  the  second  and  third 
of  person  causes  of  contest,  specified  in  section  one  of  this  act,  a  proceed- 
ing may  be  instituted  under  this  act  against  such  person  by  the 
person  who  received  the  next  highest  number  of  votes,  for  the 
office  at  the  election  under  which  such  ineligible  person  was 
declared  elected,  notwithstanding  the  person  so  contesting  the 
election  does  not  claim  to  have  been  elected. 


153 

Section  6.     When  any  person  authorized  to  do  so  under 
act  shall  desire  to  contest  the  right  of  any  person  declared  duly  by  contestant. 
elected  to  such  office,   he  shall,  within  twenty  days  after  the  tain 
result  of  the  election  shall  have  been  officially  ascertained  by  the 
board  of  canvass,  or  officers  legally  authorized  to  ascertain  thechap  572>  Vol 
same,  (and  at  least  sixty  days  before  the  first  day  of  'the  term  of  19 
court  at  which  said  contest  shall  be  tried  or  called  for  trial,  file 
with  the  Prothonotary  of  the  Superior  Court  of  this  State  in  and  ^t^DJ^;h 
for  the  county  -in  which  said  contest  is  made  a  full,  particular  SSesTis  baaed 
and  explicit  statement,   setting  forth  fully  and  specifically  the 


names  of  any  and  all  officers  and  judges  upon  the  malconduct  sixty  days  be- 

of  whom  he  will  rely  and  respecting  which  he.  intends  to  procure  coSrt^ 

evidence,  and  setting  forth  the  precincts  or  election  districts  of 

such  officers  and  tr^e  particular  malconduct  of  each  respectively,  what  the  state- 

the  names  and  residences  of  the  witnesses  and  the  substance  Si  sS°t  forth 

of  their  testimony  by  whom  he  expects  to  prove  such  malcon- 

duct;  and  if  such  contest  shall  be  based  upon  the  second  ground, 

as  set  forth  in  Section  1,  such  statement  shall  specifically,  fully 

and  explicitly  state  the  grounds  and  causes  of  the  ineligibility  ^^  *°  be 

of  the  person  wThose  right  to  the  office  is  contested,  and  when  s  *a^inin  the 

such  contests  shall  be  made  for  causes  comprised  within  the  third  cm!  Instances 

item  of  said  Section  1  the  said  statement  shall  explicitly    fully 

and  clearly  state  the  name  of  any  elector,  inspector,  judge,  clerk 

or  other  person  to  whom  any  bribe  or  reward  shall   have  been 

offered;  and  the  time,  place  and  amount  of  such  br  be  or  reward, 

and  the  name  and  residences  of  the  witnesses  by  whom  the  con- 

testant expects  to  prove  the  offering  of  any  bribe  or  reward, 

with  a  brief  statement  of  their  testimony.     And  when  the  ground 

of  contest  shall  be  on  the  ground  of  illegal  votes,  such  state- 

ment shall  specifically,  fully  and  explicitly  set  forth  the  names, 

residences  and  respective  causes  of  disqualification  of  each  person 

alleged  to  have  illegally  voted,  the  polls  at  which  such  illegal     ^ 

vote  has  been  received,  the  names  of  the  election  officers  favor- 

ing the  acceptance  of  such  vote,  whether  such  vote  was  chal- 

lenged by  the  duly  accredited  challenger  of  the  party  of  which 

the  contestant  was  the  candidate  and  whether  all  the  judges 

or  inspectors  present  at  such  polls  concurred  in  accepting  and 

receiving  such  vote;   and  if  it  shall  appear  that  all  of  such  judges 

or  inspectors  concurred  in  accepting  or  receiving  such  vote,  or 

that  the  right  of  the  voters  respectively  to  deposit  such  votes 

was  not  at  the  time  challenged  by  the  duly  accredited  challenger  Names  and  res- 

e  At  r       1  •    1       1  -i  •  1    j_       j_i        1          i*x      idences   of   wit- 

of  the  party  of  which  the  contestant  was  a  candidate,  the  legality  nesses  to  be  set 
or  illegality  of  such  vote  shall  not  be  brought  into  question  in  ^'  tj°ge^£ 
any  such  contest;   and  the  said  statement  shall  further  set  forth  ^a£^onof  totj| 
the  names  and  residences  of  the  witnesses  who  will  be  produced  give^by  each 
on  behalf  of  the  contestant  to  prove  such  illegal  votes  and  the 
substance  of  the  testimony  to  be  given  by  each;   and  at  the  trial 
of  any  contest,  cause  or  proceeding  to  be  instituted  or  continued, 


154 

Contestant  to  or  wnich  has  been  instituted  or  will  be  continued  under    the 

be  limited  to  .    .  .  ,  1  .  . 

witnesses         provision  of   this   act   or   of   the   act   to   which   this  act   is   an 
staTeement  filed  amendment ,    the    contestant   or  plaintiff    shall    be   limited    in 
his  proof  and  in  the  admission  of  evidence  to  the  witnesses  named 
hedneinse the!?1"  ^n  sa^  statement,  and  the  witnesses  shall  be  limited  in  their 
testimony        testimony  to  the  facts  set  forth  in  the  statement  filed  and  deliv- 
ered as  aforesaid  with  respect  to  which  it  shall  be  therein  alleged 
that  they  will  be  expected  to  testify;    said  statement  shall  be 
verified  by  the  oath  of  the  contestant  that  the  matters  therein 
statement  shall  set  forth  are  so  far  as  they  relate  to  his  own  act  and  deed  and  that 
be  verified  by  what  relates  to  the  act  and  deed  of  any  other  person  he  believes 

oath    of    con- 

testant  to  DC  tTUCJ . 

Chap.  572,  Vol. 

Chap.  572,  Vol.  Section    8.  ********* 

thoSotaryPr°~  Section  9.  Before  such  statement  being  filed  as  aforesaid, 

it  shall  be  the  duty  of  the  said  Prothonotary  to  docket  the  said 
case  in  the  Appearance  Docket  (and  immediately  issue  a  cita- 

Chap.  572,  Vol.  tion  for  the  person  whose  right  to  office  is  contested  to  appear 
on  the  first  day  of  the  second  term  of  the  said  court  to  make 

citation  for  de-  such  defense  as  he  may  have  in  said  case,  which  citation  shall 

whomnissued  be  delivered  to  the  Sheriff,  or,  if  he  be  a  party  to  the  contest, 
to  the  Coroner)  of  the  county,  and  be  served  by  him  upon  the 

Notice  party  defendant  in  person,  or,  if  he  cannot  be  found,  by  leaving 

HOW  served  a  copy  thereof  at  the  house  where  he  last  resided  at  least  five 
days  before  the  day  to  which  such  citation  is  returnable.  The 

Return  original  citation  shall  be  returned  to  said  Prothonotary  on  or 

before  the  first  day  of  the  next  term  of  said  court  after  it  is  issued, 
and  the  manner  of  service  shall  be  endorsed  thereon  and  signed 
by  the  officer  serving  the  same. 


may  dis-  Section  10.  The  Court  may  dismiss  the  proceedings  if  the 
statement  of  the  cause  or  causes  of  contest  do  not  conform  to  this 
act,  or  for  want  of  prosecution.  If  said  proceedings  are  not  so 
dismissed  the  case  shall  proceed  upon  its  merits  and  be  tried 
and  determined  by  the  Court  by  the  rules  of  law  and  evidence 
governing  the  determination  of  questions  of  law  and  facts  in  the 
Chap.  572,  Vol.  courts  of  law  jn  t^s  state,  so  far  as  the  same  are  applicable.  * 


Costs  Section  11.     The  costs  in  all  cases  of  contests  under  this 

act  shall  be  awarded  to  the  various  parties  entitled  thereto  in 
the  same  manner  and  as  near  as  can  be  to  the  same  amount  as 
for  like  services  in  other  cases  tried  in  said  court. 


ion 


C°urt  Section  12.  All.cases  of  contest  under  this  act  shall  be  fully 
heard  and  determined  by  the  Court,  without  the  aid  or  inter- 
vention of  a  jury,  unless  one  or  both  of  the  parties  to  the  contest 


155 

shall  claim  a  trial  by  jury,  and  the  Court  shall  v  in  their  judgment 
determine  that  it  is  a  case  which,  under  the  Constitution  and 
laws  of  the  State,  the  party  or  parties  are  entitled  to  a  trial  by 
jury.  In  such  case  a  jury  shall  be  empaneled,  and  the  cause 
proceed  according  to  the  rules  and  practice  of  the  Court  in  juryjury 
trials. 

Section  13.     In  the  trial  of  any  contested  election  under  jurisdiction 
this  act,  the  Court  shall  have  full  authority  to  make  an  examina- 
tion of  the  ballots  given  in  such  election,  (except  that  whenever  JJap-  572-  Vo! 
the  ballot  boxes,  ballots,  poll  lists,  tally  sheet,  or  other  books 
or  records,  pertaining  to  any  election,  excepting  the  certificate 
of  election  of  the  officer  against  whom  the  contest  may  be  made, 
duly  signed  by  the  Sheriff  or  presiding  officer  of  the  Board  of  Can-  when  ballot 
vass  and  the  Inspectors  present,  and  filed  according  to  law,  shall  pCiTusS^and' 
have  come  in  any  way,  legally  or  illegally,  into  the  possession,  Jjjjy  bseheog|red 
care  or  custody  of  any  person,  officially  or  otherwise  who  shall  in  evidence 
have  been  a  candidate  and  voted  for  upon  the  same  official  bal- 
lot as  a  candidate  of  the  same  political  party  as  the  contestant, 
no  such  ballot  boxes,  poll  lists,  tally  sheets,  or  other  books  or  rec- 
ords pertaining  to  the  said  election,  excepting  the  certificate  of 
election  as  aforesaid,   shall  be  offered  in  evidence  in  any  con- 
test begun  or  prosecuted  under  the  provisions  hereof)  and  may 
make  and  enforce  by  attachment  all  necessary  orders  to  obtain 
possession  of  the  same,   and  after  hearing  the  allegations  and 
proofs  in  the  cause,  shall  render  judgment  (in  accordance  with 
the  verdict  of  the  jury,  if  a  jury  shall  have  tried  said  cause), 
either  conforming  or  annulling  such  election  altogether,  or  declar- 
ing some  other  person  than  the  one  whose  election  is  contested 
duly  elected. 

Section  14.     If  it  appear  by  the  judgment  of  the  Court  OrElection 
the  verdict  of  the   jury  (if  there  be  a  jury),  that  any  other  person 
than  the  one  whose  election  is  contested  received  the  highest 
number  of  legal  votes,  judgment  should  be  rendered  declaring 
such  person  duly  elected:  *****        *  Chap.  572.  v< 


Section  15.  When  the  person  whose  election  is  contested 
is  proved  to  be  ineligible  to  the  office,  judgment  shall  be  rendered 
declaring  the  election  void  and  the  office  vacant,  and  such  pro- 
ceedings shall  then  be  had  as  in  vacancies  happening  from  any 
other  cause.  When  it  shall  appear  that  two  persons  have  received 
an  equal  number  of  legal  votes  for  the  same  office,  the  provisions 
of  law  heretofore  in  force  for  the  settlement  of  such  cases  shall 
prevail,  if  there  be  any  such  provision;  if  there  be  none,  then 
the  said  office  shall  be  adjudged  and  declared  vacant,  and  such 
proceedings  shall  then  be  had  as  in  vacancies  happen'  ng  from  fined™ 
any  other  cause 


156 

5>xstsuti°n  for  Section  16.     Judgment  for  costs  shall  be  rendered  in  all 

cases  against  the  unsuccessful  party  to  the  contest,  and  execution 
may  issue  against  him  for  the  same. 

§ve*  security0  Section  17.      Any  person  contesting  any  elecetion  under  the 

for  costs          provisions  of  this  act,  shall  be  required  to  give  security  for  costs 

in  such  amount  and  manner  as  the  court  shall  order.      Such 

security,  however,  shall  in  no  case  be  enforced  unless  judgment 

for  costs  be  rendered  against  the  contestant. 

Proviso  con-  (Section  18.     Provided,  however,  that  this  act  shall  not  be 

- construed  to  prevent  a  further  prosecution  of  any  contest  now 
pending  under  the  provisions  of  the  act  hereby  amended  if  advan- 
tage shall  be  taken  of  the  provisions  of  this  act  and  the  state- 
ment required  by  Section  1  shall  be  filed  and  delivered  as  therein 
provided  by  the  contestant  in  any  case  within  ten  days  after  the 
passage  of  this  act.) 

Passed  at  Dover,  March  14,  1883. 


157 


CHAPTER  22,  VOLUME  18. 

AN  ACT  Concerning  the  Appointment  of  Electors  of  President  and  Vice- 

President. 

Section  1  .     Any  person  intending  to  contest  the  election  of  Notice  of  con- 
any  one  declared  by  the  Governor  to  have  been  chosen  an  elector  oFeiectore^haU 
of  President  and  Vice-President  of  the  United  States  shall,  within  ^ng^eyns  within 
ten  days  after  such  declaration  by  proclamation  of  the  Governor, 
give  written  notice  of  such  intention  to  the  person  whose  elec- 
tion he  intends  to  contest  and  also  to  the  Governor;   and  within 
five  days  after  the  delivery  of  said  notice  shall  deliver  to  the 
person  whose  election  he  contests  and  to  the  Governor  written  ^j-^  ^yedfi- 
specification  of  the  grounds  upon  which  it  is  intended  to  contest  founds  ° 
and  said  election  of  the  person  so  declared  to  have  been  elected 
as  aforesaid;   and  if  one  of  the  grounds  shall  be  that  illegal  votes 
were  given  at  such  election  for  the  person  declared  to  have  been 
elected,  then  such  specification  shall  particularly  set  forth  the  What  xt  forth 
name  of  each  alleged  illegal  voter,  with  the  several  objections 
to  the  legality  of  his  vote;    and  shall  also  distinctly  set  forth  Hundred,  eiec- 
and  state  the'hundred  and  election  district  or  precinct  at  which  p^incfSSu01" 
the  illegal  vote  was  cast.  be  stated 

Section  2.     The  person  declared  to  have  been  elected  as  Person  whose 
aforesaid  and  who  shall  receive  notice  of  contest  as  aforesaid,  tested  shall 


shall,  within  ten  days  after  receiving  specification  of  the  grounds 

of  contest,  deliver  to  the  person  so  contesting  his  election,  and  son 

to  the  Governor,  a  like  specification  of  objection  to  the  right  his  objection 

of  the  contestant  to  be  declared  an  elector;   and  in  such  specifi- 

cation may  also  state  any  other  ground  upon  which  he  rests 

the  validity  of  his  election. 

Section  3.     Every  specification  as  aforesaid  shall  be  verified  specification 
by  the  affidavit  of  the  party  delivering  the  same,  stating  that 
verily  believes  that  the  grounds  of  objection  set  forth  are  sub- 
stantially true;    and  that  the  voters  specified  as  illegal  voters 
were  not  entitled  by  law  to  vote  at  the  election  in  question. 

Section  4.     The  notice  and  specification  verified  as  afore-  Specification 
said,  which  shall  have  been  delivered  to  the  Governor,  shall  be  deiivlred.totobe 
by  him  delivered  to  the  Canvassing  Board,  hereinafter  created, 
together  with  the  certificates  of  the  votes  given  for  each  person, 
voted  for  for  elector  as  returned  to  him  by  the  respective  Boards 
of  Canvass  under  the  election  laws  of  this  State,  on  the  first  day 
of  the  assembling  of  the  Canvassing  Board  herein  created. 


158 

PaeSdhatobe         Section  5.     In  the  trial  of  the  case  of  a  contested  election 
6  of  ob-  the  parties  shall  be  restricted  to  the  grounds  of  objection  in  the 
specl"  specifications  set  forth  ;   and  the  statements  of  the  other  grounds 


upon  which  the  person  declared  to  have  been  elected  rests  the 
The  illegality  of  validity  of  his  election;  and  shall  not  examine  into  the  illegality 
other  votes  of  any  other  voter  other  than  those  specified  as  illegal,  nor  impeach 
quired  °ntoe  m"  such  votes  for  any  causes  other  than  those  so  specified  as  afore- 

said. 

Party  declared         Section  6.     When  any  contestant  or  person  who  has  been 

electee!   or  con-  «••«*»•  •*  * 

testant  may  ap-  declared  elected,  and  whose  election  is  contested,  is  .desirous  of 
thonotery  o?°"  obtaining  testimony  respecting  a  contested  election,  he  may  apply 
to  the  Prothonotary  of  the  Superior  Court  of  the  State  of  Dela- 
ware, in  and  for  Kent  County,  for  a  supboena  or  subpoenas  for 
summoning  such  witnesses  as  he  may  wish  to  appear  before  the 
directfdatotothe  Board  of  Canvass  at  such  time  as  shall  be  in  the  subpoenas  desig- 
tyew1ie0rec™5-mted-      Such  subpoena  shall  be  directed  to  the  Sheriff  of  the 
nesses  reside      county  in  which  the  witness  or  witnesses  reside,  and  shall  be 
served  in  the  same  manner  as  subpoenas  for  witnesses  in  civil 
sheriff  shall     cases  are  served.      The  Sheriff  to  whom  a  subpoena  may  be 
make  returns    directed  shall  make  return  of  his  service  thereon  to  the  said  Board 
of  Canvass  on  the  first  day  of  its  meeting  to  hear  the  contest. 

?fUs?at°erofCDeri-         Section  7.     The  Superior  Court  of  the  State  of  Delaware, 

aware  for  Kent  in  and  for  Kent  County,  is  hereby  created  and  declared  to  be  a 

a°Board  SecS  Board  of  Canvass  to  hear  and  determine  all  contests  of  elec- 

vass  tions  of  electors  of  President  and  Vice-President    with  a  power 

to  regulate  and  determine  the  mode  of  procedure,  and  all  other 

matter  pertaining  thereto  as  may  be  necessary  in  carrying  out 

the  provisions  of  this  act  and  the  act  of  Congress  fixing  the  day 

of  the  meeting  of  electors,  passed  February  3,  A.  D.  1887;    and 

Duty  of  the    it  shall  be  the  duty  of  the  Governor,  whenever  a  notice  of  con- 

test is  served  upon  him,  immediately  to  make  proclamation  con- 

vening said  Superior  Court  in  special  session  at  the  Court  House 

n  Dover,  on  a  day  to  be  by  him  named,  which  shall  not  be  later 

than  the  twentieth  day  of  December  next  succeeding  the  day 

of  the  election  in  the  year  in  which  the  election  was  held. 

Duty  of  Supe-  Section  8.  The  said  Superior  Court,  after  hearing  any  con- 
test of  election  of  an  elector  or  electors,  shall  make  out  and  cer- 
tify, under  the  seal  of  the  Court,  the  ascertainment  of  the  vote 
of  the  State  for  electors,  and  also  certify  the  names  of  the  per- 
sons chosen  as  electors,  and  cause  said  ascertainment  and  cer- 
tificate, together  with  all  the  papers  and  certificates  filed  in  the 
case,  to  be  delivered  to  the  Governor  on  or  before  the  first  day 
of  January  next  succeeding  the  day  of  election  at  which  the 
electors  were  chosen. 


159 


CHAPTER  329,  VOLUME  16. 
AN  ACT  to  Secure  Free  Elections. 

Section  1 .     That  if  any  person  or  corporation  existing  or  Jj^jgjj^ t £"  at 
doing  business  in  this  State  shall  hinder,  control,  coerce  or  intim-  person  or  cor- 
idate,  or  shall  attempt  to  hinder,  control,  coerce,  or  intimidate  SSSed11  pr° 
any  qualified  elector  of  this  State  from  or  in  the  exercise  of  his 
right  to  vote  at  any  general,  special  or  municipal  election  held 
under  the  laws  of  this  State,  by  means  of  bribery,  or  by  threats 
of  depriving  such  elector  of  employment  or  occupation,  abso- 
lutely or  contingently,  directly  or  indirectly,  every  such  person  Penalty 
or  corporation  so  offending  shall  be  guilty  of  a  misdemeanor, 
and  upon  conviction  thereof  shall  forfeit  and  pay  to  the  State 
of  Delaware  a  fine  of  not  less  than  five  hundred. nor  more  than 
two   thousand,  dollars,   or  be  imprisoned   (if  a  natural  person) 
not  more  than  one  year,  or  both,  in  the  discretion  of  the  Court. 
And  every  elector  so  aggrieved  may  also  in  an  action  of  debt  Action  of  debt 
brought  for  that  purpose  sue  for  and  recover  from  the  person 
or  corporation  so  offending  as  aforesaid  the  sum  of  five  hundred 
dollars. 

Section  2.  That  in  all  trials  under  the  provisions  of  the  Extent  of  iia- 
foregoing  section  the  act  or  acts  of  any  officer  of  a  corporation, 
so  far  as  they  affect  or  concern  any  employe  or  servant  of  such 
corporation,  shall  be  taken  and  held  to  be  the  act  or  acts  of  the 
corporation,  whether  general  or  special  authority  as  to  such  act 
or  acts  from  the  corporation  to  such  officer  be  shown  or  not. 
But  nothing  herein  contained  shall  be  construed  to  relieve  any 
officer  of  a  corporation  from  individual  liability  under  the  pro- 
visions of  this  act 


160 


"CHAPTER  26,  VOLUME  19. 

AN  ACT  in  Relation  to  the  Levy  Court  of  New  Castle  County. 

******** 

ESncationd  of         Section  6.     *     *     *     That   at  the  general  election  in  the 
Receiver  of      year  A.  D.  1892,  and  the  general  election  in  each  and  every  fourth 
CoSntyand       year  thereafter,  there  shall  be  voted  for  and  elected  by  the  voters 
Treasurer         of  New  Castle  County  qualified  to  vote  for  members  of  the  Gen- 
eral Assembly,  a  person  being  a  resident  freeholder  as  aforesaid, 
to  fill  the  sa'd  office  of  Receiver  of  Taxes  and  County  Treasurer. 
Term  of  office  The  person  so  elected,  as  aforesaid,  shall  hold  office  for  the  term 
of  four  years,  commencing  on  the  first  Tuesday  in  January  next 
succeeding   his   election,    or   until   his    successor   shall   be   duly 
qualified.     *     * 

Election  of  Section  16.     *     *     *     That  at  the  general  election  in  the 

Comptroller  year  A.  D.,  1892,  and  at  the  general  election  in  each  and  every 
fourth  year  thereafter,  there  shall  be  voted  for  and  elected  by 
the  voters  of  New  Castle  County,  qualified  to  vote  for  members 
of  the  General  Assembly,  a  person,  being  a  resident  freeholder 
as  aforesaid,  to  fill  the  office  of  County  Comptroller.  The  per- 
Term  of  office  son  so  elected  as  aforesaid,  shall  hold  office  for  the  term  of  four 
years,  commencing  on  the  first  Tuesday  in  January  next  suc- 
ceeding his  election,  or  until  his  successor  shall  be  duly  qualified. 


*  Amended.     See  Chapter  50,  Volume  22. 


161 


CHAPTER  50,  VOLUME  22. 
AN  ACT  in  Relation  to  the  Levy  Court  of  New  Castle  County. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the 
State  of  Delaware  in  General  Assembly  met: 

Section  1.  That  the  County  of  New  Castle,  for  the  pur- 
pose  of  this  Act  shall  be  and  the  same  is  hereby  divided  into 
seven  districts,  as  follows,  to  wit:  One  shall  comprise  and  be 
composed  of  the  Second,  Fourth,  Sixth,  Eighth  and  Ninth  wards 
of  the  City  of  Wilmington,  being  Representative  Districts  Num- 
ber One  and  Number  Two  in  New  Castle  County,  as  the  same  Boundaries 
now  are  bounded  and  described  or  may  be  hereafter  extended 
or  enlarged  in  any  way,  and  the  said  district  shall  be  known  as 
the  First  Levy  Court  District;  another  shall  comprise  and  be 
composed  of  the  First,  Third,  Fifth,  Seventh,  Tenth,  Eleventh 
and  Twelfth  Wards  of  the  City  of  Wilmington,  being  Represen- 
tative Districts  Number  Three,  Number  Four  and  Number  Five 
in  New  Castle  County,  as  the  same  are  now  bounded  and 
described  or  may  be  hereafter  extended  or  enlarged  in  any  way, 
and  the  said  district  shall  be  known  as  the  Second  Levy  Court 
District ;  another  shall  comprise  and  be  composed  of  Brandywine 
Hundred,  together  with  all  that  portion  of  Christiana  Hundred 
lying  north  of  and  bounded  by  the  central  line  of  the  Lancaster 
Turnpike,  being  Senatorial  District  Number  Three  in  New  Cas- 
tle County  and  the  said  district  shall  be  known  as  the  Third 
Levy  Court  District;  another  shall  comprise  and  be  composed 
of  Mill  Creek  Hundred,  together  with  all  that  portion  of  Chris- 
tiana Hundred  lying  south  of  and  bounded  by  the  central  line 
of  the  Lancaster  Turnpike,  being  Senatorial  District  Number 
Four  in  New  Castle  County,  and  the  said  district  shall  be  known 
as  the  Fourth  Levy  Court  District;  another  shall  comprise  and 
be  composed  of  White  Clay  Creek  Hundred,  Red  Lion  Hundred 
and  New  Castle  Hundred,  being  Senatorial  District  Number 
Five  in  New  Castle  County,  and  the  said  district  shall  be  known 
as  the  Fifth  Levy  Court  District;  another  shall  comprise  and 
be  composed  of  Pencader  Hundred  and  St.  George's  Hundred, 
being  Senatorial  District  Number  Six  in  New  Castle  County, 
and  the  said  district  shall  be  known  as  the  Sixth  Levy  Court 
District;  and  the  remaining  district  shall  comprise  and  be  com- 
posed of  Appoquinimink  .Hundred  and  Blackbird  Hundred,  being 
Senatorial  District  Number  Seven  'n  New  Castle  County,  and  the 
said  District  shall  be  known  as  the  Seventh  Levy  Court  District. 


effect 


162 

Section  2.  That  at  the  general  election  to  be  held  in  the 
year  A.  D.,  one  thousand  nine  hundred  and  four,  and  at  the 
general  election  to  be  held  in  every  fourth  year  thereafter,  there 
shall  be  elected  from  among  the  resident  electors  of  each  of  said 
districts,  by  the  qualified  voters  thereof,  one  person  to  be  a  Levy 
Court  Commissioner  of  New  Castle  County,  to  hold  office,  as 
such  Commissioner,  for  the  term  of  four  years,  commencing  on 
the  first  Tuesday  in  the  month  of  January  next  following  each 
election. 


of  vacancy 


Section  3.  That  the  said  Levy  Court  Commissioners  so  to 
first  Tuesday  in  be  elected,  shall  thereafter  constitute  the  Levy  Court  of  New 
election  after  Castle  County,  and  shall  meet  for  organization  on  the  first  Tues- 
day in  January  after  their  election,  and  after  taking  the  oath 
prescribed  by  the  Constitution  shall  proceed  to  elect  one  of  their 
number  to  be  the  presiding  officer.  Four  of  the  Levy  Court 
Commissioners  shall  be  sufficient  for  the  purpose  of  organization, 
and  shall  constitute  a  quorum  for  the  transaction  of  business. 
The  said  Levy  Court  Commissioners  shall  have  the  power  to 
make  rules  for  their  government  not  inconsistent  with  the  Con- 
stitution and  the  laws  of  the  State,  and  after  their  said  first 
meeting  they  shall  meet  at  the  times  now  prescribed  by  law  for 
the  meetings  of  the  Levy  Court  of  said  county. 

Section  4.  In  case  of  the  death,  resignation,  ineligibility  or 
removal  from  the  Levy  Court  District  of  any  Commissioner 
elected  under  the  provisions  of  this  Act,  at  any  time,  it  shall  be 
the  duty  of  the  Governor  to  appoint  some  suitable  person  having 
the  qualifications  hereinbefore  required  in  that  behalf  to  fill  the 
vacancy  so  created  pursuant  to  the  provisions  of  the  Constitu- 
tion in  that  behalf. 

The  Levy  Court  Commissioners  to  be  elected  under  this 
act  shall  have  as  full  and  complete  jurisdiction  over  all  and  every 
the  matters  and  things  now  vested  by  law  in  the  Levy  Court 
of  New  Castle  County,  as  at  present  constituted  and  in  the 
several  members  thereof,  and  shall  exercise  every  power  privi- 
lege, right  and  duty  which  now  belongs  to  the  said  Levy  Court 
of  New  Castle  County,  as  fully  and  completely  as  the  said  Levy 
Court  now  by  law  is  authorized  to  do. 

in  case  of  tie         Section  5.     Should  any  two  or  more  persons  voted  for  as 

vote  Governor    T  _.  „.  ..  J  .  ....  .  .,., 

to  appoint  Levy  Court  Commissioners  in  any  district  receive  an  equal  and 
the  highest  number  of  votes  cast  at  any  election,  the  Superior 
Court  of  the  State  of  Delaware,  in  and  for  New  Castle  County, 
sitting  as  the  Board  of  Canvass  in  said  county,  shall  certify  that 
fact  to  the  Governor,  who  shall  forthwith  select  one  of  said  per- 
sons to  be  the  Levy  Court  Commissioner  from  said  district. 


Powers  of 


163 

The  Levy  Court  Comnv ssioners  to  be  elected  under  the  pro-  Salary  of 
visions  of  this  Act,  shall  receive,  as  full  compensation  for  their 
services,  the  sum  of  eight  hundred  dollars  annually,  in  quarterly 
installments   of   two   hundred   dollars   each,    by   warrants   duly 
drawn  upon  the  County  Treasurer. 

Section  6.     That  from  and  after  the  time  this  Act  becomes  Levy  Court  to 
a  law  until  the  thirty-first  day  of  December,  A.  D.  1904,  the  Levy  £S5&?  * 
Court  of  New  Castle  County  shall  consist  and  be  composed  of 
seven  Levy  Court  Commissioners,  to  wit:    The  five  Levy  Court 
Commissioners  elected  in  said  county  at  the  general  election  in 
November,  A    D.,   1900,  and  two  Levy  Court  Commissioners  to 
be  appointed  by  the  Governor;    and  the  said  five  Levy  Court  Govemor to ap_ 
Commissioners  so  elected  as  aforesaid,  and  the  said  two  Levy  point  two  addi- 
Court  Commissioners  so  to  be  appointed  as  aforesaid  shall  con-  th°e"eofme 
stitute  the  Levy  Court  of  New  Castle  County  until  the  time 
aforesaid;   and  the  Governor  is  hereby  authorized  and  empowered 
to  appoint  two  suitable  persons  from  among  the  electors,  of  said 
county  to  be  Levy  Count  Commissioners  of  New  Castle  County 
as  aforesaid  for  the  term  aforesaid. 

The  said  Levy  Court  Commissioners  so  elected  and  so  fj°^e07  ^Tdu' 
appointed  shall  have,  possess,  enjoy  and  exercise  all  the  rights,  Court  thus  con- 
powers,  privileges  and  duties  of  Levy  Court  Commissioners  01 
New  Castle  County,  now  vested  by  law  in  Levy  Court  Commis- 
sioners of  New  Castle  County,  and  shall  each  receive  the  com- 
pensation now  fixed  by  law;  and  the  said  Levy  Court  so  consti- 
tuted shall  have,  possess  and  enjoy  as  full  and  complete  juris- 
diction over  all  and  every  the  matters  and  things  now  vested 
by  law  in  the  Levy  Court  of  New  Castle  County,  as  at  present 
constituted,  and  shall  possess,  enjoy  and  exercise  fully  and  com- 
pletely all  and  every  the  powers,  privileges,  rights  and  duties 
that  the  Levy  Court  of  New  Castle  County  now  by  law  possesses, 
enjoys  and  exercises. 

Section  7.  That  all  Acts  or  parts  of  Acts  inconsistent  here- 
with, or  repugnant  hereto,  or  supplied  or  manifestly  superseded 
hereby,  be  and  the  same  are  hereby  repealed  and  made  null  and 
void. 

Approved  March  7,  1901 


164 


CHAPTER  22,  VOLUME  21. 

AN  ACT  Reorganizing  the  Levy  Court  of  Kent  County  and  Defining  Its 

Powers  and  Duties. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the 
State  of  Delaware  in  General  Assemb  y  met: 

Section  1.  *  *  *  *  *  * 

Levy  Court  Section  2.     That  from  and  after  the  said  first  Monday  in 

how  composed    j^^    jgg^    the   Levy   Qourt   Q£   Kent   County   shall   be   composed 

of  ten  members,  one  of  whom  shall  be  chosen  from  each  of  the 
ten  Representative  districts  into  which  Kent  County  is  divided 
by  the  Constitution  of  this  State,  in  the  manner  hereinafter 
provided. 

Section  3.  *  *  *  *  *  * 


Districts 


Election 

Term 
Qualifications 

Districts 

Term 
Election 
Term 
District 

Term 


Vacancies 


Tie  vote 


Section  4.  That  at  the  general  election  to  be  held  in  the 
year  A.  D.  1898,  and  every  fourth  year  thereafter,  there  shall 
be  elected  for  the  term  of  four  years  from  among  the  resident 
freeholders  from  each  of  the  representative  districts  to  wit: 
Numbers  two,  three,  four,  eight  and  ten  by  the  qualified  voters 
thereof,  one  person  to  be  Levy  Court  Commissioner  of  Kent 
County.  The  persons  elected  at  the  said  general  election  in  the 
year  A.  D.  1898,  shall  hold  their  respective  offices  until  the  first 
Tuesday  in  February,  A-  D-  1903,  and  until  their  successors  are 
duly  elected  and  qualified.  And  at  the  general  election  to  be  held 
in  the  year  A.  D.  1900  and  every  fourth  year  thereafter,  there 
shall  be  elected  for  the  term  of  four  years  from  among  the  resi- 
dent freeholders  in  each  of  the  following  representative  dis- 
tricts, to  wit:  Numbers  one,  five,  six,  seven  and  nine  by  the 
qualified  voters  thereof,  one  person  to  be  a  Levy  Court  Commis- 
sioner of  Kent  County.  The  persons  elected  at  the  said  general 
election  in  the  year  A.  D.  1900  shall  hold  their  respective  offices 
until  the  first  Tuesday  in  February  A.  D.  1905  and  until  their 
successors  are  duly  elected  and  qualified. 

Section  5.  *  *  *  *  *  * 

In  case  of  death,  resignation  or  removal  from  the  district  of  any 
Commissioner  elected  or  appointed  under  the  provisions  of  this 
act  it  shall  be  the  duty  of  the  Governor  to  appoint  some  suitable 
person  to  fill  such  unexpired  term,  having  the  qualifications  here- 
inbefore required  in  that  behalf. 


165 

Should  any  two  or  more  persons  voted  for  as  Levy  Court  Com- 
missioners of  anv  district  receive  an  equal  and  highest  number  . 

1          •  1        T-»  1       r    /-^  111  •  r     Appointment 

of  votes  cast  at  any  election  the  Board  ot  Canvass  shall  certily 
the  fact  to  the  Governor,  who  shall  forthwith  select  one  of  said 
persons  to  be  Levy  Court  Commissioner  from  said  district,  who 
shall  hold  the  said  office  for  two  year^  from  the  first  Tuesday  in 
February  then  next ;  and  at  the  general  election  then  next  to  be  ScSssor  °f 
held  in  said  county  a  successor  shall  be  elected  in  said  district 
for  the  unexpired  term  of  two  years.  *  *  * 

Approved  May  19,  A.  D.  1898. 


CHAPTER  54,  VOLUME  22. 

AN  ACT  Reorganizing  the  Levy  Court  of  Sussex  County  and  Defining  Its 
Powers  and  Duties. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives   of  the 
State  of  Delaware  in  General  Assembly  met: 

Section  1.     That  from  and  after  the  first  Tuesday  in  Feb- 
ruary,  A.  D.   1903,  the  Levy  Court  of  Sussex  County,  as  now  to  be  abolished 
organized  and  constituted,  be  and  the  same  shall  be  abolished,  m 
and  the  terms,  duties  and  powers  of  the  office  of  the  Levy  Court 
Commissioners  now  compos'  ng  the  Levy  Court  of  Sussex  County 
are  hereby  declared  to  be  terminated  and  ended  on  the  said  first 
Tuesday  in  February,  A.   D.   1903. 


Section  2.     That  from  and  after  the  said  first  Tuesday  in 
February,  A.  D.  1903,  the  Levy  Court  of  Sussex  County  shall  be 
composed  of  ten  members,  one  of  whom  shall  be  chosen  fromone  from  each 
each  of  the  ten  Representative  Districts  into  which  Sussex  County  D?Jtrictntative 
is   divided  by  the   Constitution  of  the   State,   in  the  manner 
hereinfater  provided. 

Section  3.  That  at  the  General  Election  to  be  held  in  the  How  elected 
year  A.  D.  1902,  there  shall  be  elected  from  among  the  resident 
freeholders  from  each  of  the  odd  numbered  Representative  Dis- 
tricts, by  the  qualified  electors  thereof,  a  Levy  Court  Commis- 
sioner for  Sussex  County  for  said  districts  for  the  term  of  two 
years,  and  from  among  the  resident  freeholders  from  each  even 
numbered  Representative  Districts,  by  the  qualified  electors 
thereof,  a  Levy  Court  Commissioner  for  Sussex  County  for  said 
districts  for  the  term  of  four  years. 


166 

Section  4.  That  at  the  general  election  to  be  held  in  the 
year  A.  D.  1904,  and  every  fourth  year  thereafter,  there  shall 
be  elected  for  the  term  of  four  years  from  among  the  resident 
freeholders  from  each  of  the  odd  numbered  Representative  Dis- 
tricts, by  the  qualified  electors  thereof,  one  person  to  be  Levy 
Court  Commissioner  of  Sussex  County.  The  persons  elected  at 
the  said  general  election  in  the  year  A.  D.  1904,  shall  hold  their 
respective  offices  until  the  first  Tuesday  in  February,  A.  D. 
1909  and  until  their  successors  are  duly  elected  and  qualified. 
And  at  the  general  election  to  be  held  in  the  year  A.  D.  1906, 
and  every  fourth  year  thereafter,  there  shall  be  elected  for  the 
term  of  four  years  from  among  the  resident  free-holders  in  each 
of  the  even  numbered  Representative  Districts,  by  the  qualified 
electors  thereof,  one  person  to  be  Levy  Court  Commissioner  of 
Sussex  County.  The  persons  elected  at  the  said  general  election 
in  the  year  A.  D.  1906,  shall  hold  their  respective  offices  until  the 
first  Tuesday  in  February,  A.  D.  1911,  and  until  their  successors 
are  duly  elected  and  qualified. 

TO  meet  for  Section  5.  The  persons  elected  Levy  Court  Commissioners 

under  the  provisions  of  this  Act  shall  meet  for  organization  on 
the  first  Tuesday  in  February  following  their  election,  and  shall 
take  the  oath  of  office,  now  provided  by  law  for  Levy  Court 
Commissioners,  and' shall  organize  by  electing  one  of  their  num- 
ber presiding  officer,  and  in  case  of  two  of  said  Levy  Court  Com- 
missioners shall  receive  an  equal  and  highest  number  of  votes 
for  said  presiding  officer,  and  in  case  there  shall  be  a  tie  vote 
on  any  other  question  whatever  (all  the  members  of  said  Levy 

Pelce  to  have  Court  being  present  and  voting),  the  Clerk  of  the  Peace  of  Sussex 

deciding  vote   County,  or  such  other  person  as  may  hereafter  be  Clerk  of  the 

e  Peace  of  the  said  Levy  Court,  shall  have  the  deciding  vote.     Six 

of  the  said  Levy  Court  Commissioners  shall  be  sufficient  for 

organization  and  shall  constitute  a  quorum  for  the  transaction 

of  business.      The  said  Levy  Court  Commissioners  shall  have 

TO  make  rules  power  to  make  rules  for  their  government  not  inconsistent  with 
the  Constitution  and  the  laws  of  the  State  of  Delaware;  and 

Meetings  of  after  their  first  meeting  they  shall  meet  at  the  County  Build- 
ing in  the  Town  of  Georgetown,  on  the  first  Tuesday  in  each 
and  every  month,  in  each  and  every  year,  excepting  the  months 
of  June,  July,  August  and  September.  In  case  of  death,  resig- 
nation or  removal  from  the  district  of  any  Commissioner  elected 
or  appointed  under  the  provisions  of  this  Act,  it  shall  be  the  duty 

Governor  to  ap- of  the  Governor  to  appoint  some  suitable  person  to  fill  such 

vacancy case  °f  unexpired  term  having  the  qualifications  hereinbefore  required 

in  that  behalf.    The  Levy  Court  Commissioners  appointed  and 

.  to  be  elected  under  the  provisions  of  this  act,  shall  have  full  and 

complete  jurisdiction  over  all  and  every  the  matters  and  things 

now  vested  by  law  in  the  Levy  Court  of  Sussex  County  as  at  pres- 


167 

ent  constituted,  and  in  the  several  members  thereof,  and  shall 
exercise  every  power,  privilege,  right  and  duty  which  now  belongs 
to  the  Levy  Court  of  Sussex  County,  as  fully  and  completely 
as  the  Levy  Court  now  by  law  is  authorized  to  do,  except  as  the 
same  is  or  may  be  modified  by  the  provisions  of  this  Act.    Should 
any  two  or  more  persons  voted  for  as  Levy  Court  Commissioners 
of  any  district  receive  equal  and  highest  number  of  votes  cast 
at  any  election,  the  Board  of  Canvass  shall  cetirfy  to  the  fact  vote  to  Govern- 
to  the  Governor,  who  shall  forthwith  select  one  of  said  persons or 
to  be  Levy  Court  Commissioner  from  said  district,  who  shall  hold 
the  said  office  for  two  years  from  the  first  Tuesday  in  February, 
thence  next  ensuing,  and  at  the  general  election  then  next  to2SoS?«2a 
be  held  in  said  county,  a  successor  shall  be  elected  in  said  dis-next  election 
trict  for  the  unexpired  term  of  two  years.      The  Levy  Court  successor 
Commissioners  appointed  and  to  be  elected  under  the  provisions  ^^  te^11" 
of  this  Act  shall  be  paid  for  their  services  the  yearly  sum  of  two 
hundred  dollars  ($200.00),  in  quarterly  instalments  of  fifty  dollars  Sa 
each,  in  lieu  of  all  other  compensation,  by  warrants  duly  drawn 
on  the  County  Treasurer.     That  it  shall  be  the  duty  of  the  pres- 
ent Levy  Court  of  Sussex  County  and  every  Commissioner  thereof, 
and  every  person  having  control  or  possession  of  any  records, 
books,  papers  or  other  property  belonging  to  the  said  Levy  Court 
of  Sussex  County,  on  the  first  Tuesday  in  February,  A.  D.  1903,  TO  surrender 
to  surrender  and  deposit  the  same  with  the  Clerk  of  the  Peace 
of  the  said  county,  who  shall  keep  the  same  subject  to  the  con-  Peace 
trol   of   the   Levy   Court   Commissioners   elected  or   appointed 
under  the  provisions  of  this  Act.      And  in  case  the  said  Levy 
Court,  or  any  Commissioner  thereof  as  aforesaid,  shall  neglect 
or  refuse  on  demand  of  said  Levy  Court  Commissioners  appointed 
or  elected  as  aforesaid  to  surrender  or  deliver  up  such  records, 
books,  papers  or  other  property  to  the  said  Clerk  of  the  Peace 
in  and  for   Sussex  County,  such  and  every  person  so  neglecting 
or  refusing  as  aforesaid  shall  be  guilty  of  a  misdemeanor,  and  penalty  for  re- 
upon  conviction  thereof  shall  forfeit  and  pay  a  fine  of  five  hundred fusing 
dollars,  and  be  imprisoned  for  the  term  of  one  year,  or  until  the 
said  records,  books,  papers  or  other  property  shall  be  delivered 
into  the  custody  of  the  said  Levy  Court  or  Levy  .Court  Com- 
missioners. 

Section  6.     That  the  sad  Levy  Court  Commissioners,   at T°11^J)°rin0tf a 
their  first  meeting  in  March,  A.  D.  1903,  and  in  each  and  every  Taxeffor0 each 
year  thereafter,  after  having  settled  with  the  collectors  of  thedistrict 
said    several    districts  as  hereinafter  provided,  shall  appoint  for 
each  of  the  ten  Representat've  Districts  one  qualified  voter  resi- 
dent therein,  to  be  Collector  of  Taxes  of  said  district  for  the 
year  in  which  he  shall  be  appointed,  who  shall  have  all  the  power 
and  authority,  and  be  subject  to  all  the  requirements,  qualifi- 
cations and  duties  heretofore  imposed  upon  Collectors  of  Taxes 
in  and  for  the  county  aforesaid. 


168 

°f  Collec"  It  shall  be  the  duty  of  said  several  collectors  in'  said  county 
to  make  a  full  and  complete  settlement  with  the  Levy  Court  in 
March  in  each  and  every  year,  at  which  time  the  said  Levy  Court 
shall  allow  each  of  said  collectors  such  errors,  delinquents  and 
uncollectable  taxes  as  it  shall  deem  meet  and  proper.  After 
such  errors,  delinquents  and  uncollectable  taxes  and  the  percen- 
tum  hereinbefore  provided  for  shall  be  allowed  and  deducted 
from  the  aggregate  amount  of  the  duplicate  delivered  to  each  of 
said  collectors,  if  then  any  or  all  of  said  collectors  are  in  arrears 
Collectors  in  ar-  to  said  county,  such  collector  or  collectors  as  are  in  arrears  shall 
fo^eappom^^be  ineligible  for  reappointment  unless  such  arrearages  shall  be 
immediately  paid  over  to  the  County  Treasurer  of  said  county. 

?eS°of  t°hfe'po1osr         Section  7.     That  from  and  after  the  first  Tuesday  in  Febru- 

terminated  A.  ary,  A.  D.  1903,  the  terms  of  office  of  tlie  several  Trustees  of  the 

Poor  heretofore  appointed  by  the  said  Levy  Court  of  Sussex 

County  shall  then  be  terminated  and  ended  and  the  Levy  Court 

Commissioners  appointed  and  to  be  elected  by  and  under  the 

provisions  of  this  Act,  be  and  they  are  hereby  authorized  and 

appyin?°ten  to  directed,  and  it  shall  be  their  duty  to  appoint  for  each  of  said 

Trustees  er       Representative  Districts  a  qualified  voter  of  and  resident  in  the 

district,  and  the  person  so  appointed  shall  compose  the  Trustees 

HOW  and  when  of  the  Poor  for  Sussex  County.     The  said  Levy  Court  shall,  at 

appointed        fts  first  meeting  in  February,  A.  D.  1903,  appoint  from  the  odd 

numbered  districts  five  Trustees  of  the  Poor,  who  shall  serve 

until  the  February  meeting  of  the  Levy  Court  in  the  year  A.  D. 

1905,  when  their  successors  shall  be  appointed  by  the  said  Levy 

Court  for  the  term  of  two  years,  and  likewise  every  two  years 

thereafter;    and  five  other  Trustees  shall  be  appointed  by  said 

Levy  Court  at  its  first  meeting  in  February,  A.  D.  1903,  from  the 

even  numbered   districts,   who   shall   serve  until   the   February 

meeting  of  the  Levy  Court  in  the  year  A.  D.  1904,  when  their 

successor  shall  be  appointed  by  the  said  Levy  Court  for  the  term 

of  two  years,  and  likewise  every  two  years  thereafter.      In  case 

fined"1??  Levy  of  a  vacancy  or  vacancies  happening  by  death  or  otherwise,  the 


any  Levy  Court  shall  at  any  meeting  thereof  fill  the  same  for  the 
unexpired  term.      In  addition  to  the  powers  and  duties   now 
other  duties  to  possessed  and  imposed  on  the  Trustees  of  the  Poor  of  Sussex 
CorirtyatmounVtyCounty  aforesaid  it  shall  be  their  duty  to  certify  to  the  Levy 
necessary  for    Court,  on  or  before  the  first  Tuesday  in  March,  A.  D    1904,  and 
A\m"housece  °  in  each  and  every  year  thereafter,  an  estimated  amount  of  the 
appropriation  which  it  will  require  for.  the  maintenance  of  the 
Alms  House  for  the  year  succeeding,  beyond  the  produce  and 
income  derived  from  the  Alms  House  farm;    and  the  said  Levy 
Levy  Court  to  Court  shall  levy  a  proper  rate  for  that  purpose,   to  be  levied 
levy  tax  there-  with  the  other  county  rates,  and  to  be  collected  by  the  county 
collectors  of  said  county,  as  provided  by  this  Act. 


169 

Section  8.  That  for  all  work  and  labor  required  to  be  done 
upon  the  public  roads  of  said  county,  or  for  the  construction,  of  $200  shall 
repair  and  maintenance  of  bridges  which  are  maintained  at  pub- 
lie  expense,  and  for  all  materials,  tools,  implements  and  machinery 
to  be  furnished,  had,  used  for  or  on  account  of  said  county,  where 
the  cost  in  any  particular  case,  section  or  district  which  may 
be  established  by  said  Levy  Court,  which  will  probably  exceed 
two  hundred  dollars,  the  Levy  Court  shall  publicly  advertise 
for  proposals  for  the  doing  of  said  work  and  for  the  furnishing 
of  said  materials,  tools,  implements  and  machinery,  and  shall 
give  the  contract  to  the  lowest,  competent  and  responsible  bidder 
or  bidders,  and  the  Levy  Court  shall  require  of  each  bidder  or  bond 
bidders  a  bond  to  the  State  of  Delaware  in  double  the  amount 
of  such  bid,  with  surety  or  sureties  to  be  approved  by  the  said 
Levy  Court  for  the  faithful  performance  of  such  contract. 

Section  9.     That  it  shall  be  the  duty  of  the  said  Lew  Court  TO  appoint 
of  Sussex  County  at  its  first  meeting  in  March,  A.  D.  1903,  and 
in  each  and  every  year  thereafter,  to  appoint  for  each  of  said  ^P***™6  dis~ 
ten  Representative  Districts  one  or  more  qualified  voters  resi- 
dent therein  to  be  Overseer,  or  Overseers  of  Roads,  whose  duties, 
powers,  qualifications  and  requirements  shall  be  the  same  as  now 
required  and  imposed  by  law  upon  Road  Overseers,  except  as 
herein  provided;    provided,  that  the  said  Levy  Court  shall  not 
assign  to  any  of  said  Road  Overseers  a  road  lying  partly  in  two 
or  more  districts.      And  further  Provided,  that  where  a  road  is 
the  dividing  line  between  two  districts  an  Overseer  therefor  may 
be  appointed  from  either  district.     And  it  shall  be  the  duty  of  court  cdm'mis- 
each  of  said  Levy  Court  Commissioners  on  such  days  in  Feb-  ^9™T  oversell 
ruary,  A.  D.  1903,  as  he  shall  designate,  and  in  each  and  every  of  his  district 
year  thereafter,   to  settle  with  the  said  Road  Overseers  in  his 
district  at  some  central  and  convenient  place  to  be  by  him  desig- 
nated, notice  of  which  time  and  place  of  meeting  shall  be  given  Notice  of  meet- 
to  each  of  said  several  Road  Overseers  by  each  of  said  Levying 
Court  Commissioners,  either  in  person  or  by  letter  at  least  ten 
days  before  the  time  of  meeting,  and  the  said  Levy  Court  Com- 
missioners, and  shall  make  a  report  in  writing  to  said  Levy  Court  Levy  Court 
at  its  next  session  which  report  will  show  an  itemized  statement 
of  all  expenditures  made  by  each  of  said  Road  Overseers,  accom- 
panied  by  the  stubs  of  orders  drawn  on  the  County  Treasurer 
for  all  such  items.     Provided,  that  no  per  diem  or  mileage  shajl  N9  per  diem  for 
be  allowed  to  any  Road  Overseer  or  Levy  Court  Commissioner  said  meeting 
for  or  on  account  of  attending  said  meeting  or  making  said 
report. 


Section  10.     That  the  said  Levy  Court  shall,  on  the  first  J 
Tuesday  in  March,  A.  D.  1903,  and  in  each  and  every  year  there-  stable  in  each 
after,  appoint  for  each  of  the  said  several  ten  Representative  d1Srictntatlve 


170 

Districts,  at  least  one,  and  as  many  more  as  the  law  provides, 
qualified  voters  resident  therein,  to  be  Constable  or  Constables 
for  the  said  districts  for  the  year  in  which  they  shall  be  appointed 

Powers  of  an(j  who  shall  have  all  the  power  and  authority  and  shall  be 
subject  to  all  the  requirements,  qualifications  and  duties  hereto- 

F-  fore  imposed  or  obligated  by  law  upon  Constables  in  and  for 

Sussex  County  aforesaid. 

Majority  to  Section  11.     That  the  votes  of  a  majority  of  all  the  mem- 

!rsbers  elected  to  said  Levy  Court  shall  be  necessary  to  elect  or 

appoint  all  officers  that  the  said  Levy  Court  is  now,  or  may  be 

place  t°0f  decide  hereafter  authorized  by  law  to  elect  or  appoint;    provided,  that 

tie  vote  in  case  of  a  tie  between  the  two  candidates  receiving  the  highest 

number  of  votes  the  Clerk  of  the  Peace  of  Sussex  County,  or 

such  other  person  as  may  hereafter  be  the  Clerk  of  the  said  Levy 

Court,   shall  have  the  deciding  vote,   as  hereinbefore  provided 

Levy  Court      for.     And  further  provided,  that  each  Levy  Court  Commissioner 

Commissioner    shall  nominate,  and  the  Levy  Court  shall  elect,  all  officers  for 

of  each  district          .  .•*•,••.  «  •   i  •  1    T  r^         /  • 

to  have  right  to  their  respective  districts  which  said  Levy  Court  is  now  or  may 
officers  therein  be  hereafter  authorized  by  law  to  elect  or  reappoint,  which,  offi- 
subect  to°bond  cers  are  not  ky  law  required  to  enter  bond. 


bedl*         Section  12.     The  said  Levy  Court  in  selecting  Grand  and 
equally    Petit  Jurors  shall  apportion  the  number  required  by  law  among 
the  several  Representative  Districts  equally  as  may  be. 


listing  feS^to         Section  13.     That  all  existing  laws  in  relation  to  the  Levy 
be  applicable     Court  of  Sussex  County  shall  be  applicable  to  the  Levy  Court 
of  Sussex  County  as  composed  and  constituted  under  the  provi- 
sions of  this  Act,  so  far  as  they  are  consistent  herewith. 

Section  14.     All  acts  or  parts  of  Acts  inconsistent  with  this 
Act  are  hereby  repealed. 

Approved,  March  9,  A.  D.,  1901 


171 


CHAPTER  27,  VOLUME  19. 
Of  the  Election  of  County  Treasurer. 


Section  5.     At  the  general  election  to  be  held  in  Kent  County  Election  of 
in  November,  A.  D.   1892,  and  at  every  general  election  to  be  2^  Treas~ 
held  thereafter  in  said  county,  the  citizens  thereof,  having  a  right 
to  vote  for  representatives,   shall  elect  by  ballot  some  person 
resident  in  said  county,  to  be  County  Treasurer,  who  shall  hold 
his  office  for  the  term  of  two  years  commencing  on  the  Thurs-  Term  of  office 
day  next  following  the  first  Tuesday  in  February  next  succeeding 
said  general  election.  *  *  *  *         * 


CHAPTER  28,  VOLUME  19. 

Of  the  Election  of  County  Treasurer. 

******** 

Section  5.     At  the  general  election  to  be  held  in  Sussex  Election  of 
County  in  November,  A   D.  1892,  and  at  every  general  election ££nty  ' 
to  be  held  thereafter  in  said  county,  the  citizens  thereof,  having 
a  right  to  vote  for  representatives,  shall  elect  by  ballot  some 
person  resident  in  said  county  to  be  County  Treasurer,  who  shall 
hold  hs  office  for  the  term  of  two  years,  commencing  on  the  Term  of  office 
Thursday  next  following  the  first  Tuesday  in  February  next 
succeeding  said  general  election.          *  *  *         * 


172 


CHAPTER  31,  VOLUME  17.* 

AN   ACT  in  relation  to  the  Election  of  Road  Commissioners  in  New 
Castle  County 

R<?adiocommis-         Section  1.     The  qualified  voters  of  the  several  hundreds  in 

sioners  New  Castle  County  shall,  biennially,  at  the  general  election  held 

on  the  Tuesday  next  after  the  first  Monday  in  November  elect 

the  Road  Commissioners  for  said  hundred  according  to  the  rota- 

tion now  established.     All  of  said  Commissioners  whose  terms  of 

Term  of  present  office  would  otherwise  have  expired  before  the  time  of  holding 

Commissioners  ^he  general   election  next   after   the   passage   of   this   act   shall 

continue  to  hold  office  until  the  time  of  holding  the  same. 

Certificates  Section  2.  Immediately  upon  closing  the  election  aforesaid 

in  the  several  hundreds  and  ascertaining  the  state  of  the  vote 
the  Inspector  and  Judges  of  the  election  in  said  hundred,  unless 
said  hundred  is  divided  into  two  or  more  election  districts,  shall 

TO  whom  trans-  make  and  sign  certificates  of  the  person  or  persons  elected  Road 
Commissioner  or  Commissioners,  as  the  case  may  be,  and  shall 
cause  the  same  to  be  transmitted  without  delay,  to  wit:  One 
to  each  of  the  Road  Commissioners  elected  and  one  to  the  Clerk 
of  the  Peace  of  the  county,  to  be  filed  in  his  office.  Said  cer- 
tificates shall  be  of  the  following  form,  viz.  : 


is  divided 


NEW  CASTLE  COUNTY,  ss. 

At  the  general  election  held  in  ........  hundred  on  the  Tues- 

day next  after  the  first  Monday  in  the  year  of  our  Lord  one 
thousand  eight  hundred  ........  was  duly  elected  road  commis- 

sioner for  said  hundred. 

In  testimony  whereof  we,  the  judges  of  said  election  for 
sa*d  hundred,  have  hereunto  set  our  hands  the  day  and  year 
aforesaid. 


Meeting 


when  and 
where 


Section  3.  If  the  said  hundred  in  which  sa'd  elect  on  is  held 
is  divided  into  two  or  more  election  districts,  the  inspector  and 
judges  in  each  of  said  election  districts  shall  make  and  sign  a 
certificate  of  the  number  of  votrs  given  for  each  person  voted 
for  as  road  commissioner.  The  inspectors  and  judges  of  each 
of  the  election  districts  of  said  hundred  shall  assemble  on  the 
^ay  next  succeeding  said  election,  at  the  same  time  and  in  the 
same  places  of  voting  as  now  by  law  required  for  the  meeting 


As  to  Brandywine  Hundred,  See  Chapter  50,  Volume  20,  Laws  of  Delaware. 


173 

of  presiding  officers  and  judges  of  the  election  heretofore  held  Ascertainment 
on  the  first  Tuesday  in  October,   and  ascertain  the  aggregate 
number  of  votes  given  in  said  election  districts  for  each  person 
voted  for  for  road  commissioner,   and  the  person  or  persons, 
according  as  there  may  be  one  or  more  elected,  having  the  high- 
est number  of  votes  for  road  commissioner  or  commsisioners, 
shall  be  declared  duly  elected  road  commissioner  or  road  com- 
missioners;   and  the  said  inspectors  and  judges  of  said  election 
districts  in  said  hundred  shall  make,  sign  and  transmit  certifi-  certificate 
cates  of  said  elect  on,  as  provided  in  Section  2  of  this  act.     If 
two  candidates  for  said  office  of  Road  Commissioner  or  Com- 
missioners shall  have  the  highest  and  an  equal  number  of  votes,  Tie 
a  casting  vote  shall  be  given  by  the  presiding  officer  of  said  elec- 
tion, or,  in  case  said  hundred  is  divided  into  two  or  more  elec- 
tion districts,  by  the  presiding  officer  of  the  election  district  of 
said  hundred,  as  directed  by  the  several  acts  of    the    General 
Assembly  dividing  the  several  hundreds  into  two  or  more  election       % 
districts,  which  casting  vote  so  given  shall  elect  the  candidate 
in  whose  favor  it  is  given. 


174 


CHAPTER  65,  VOLUME  22. 

AN  ACT  in  Relation  to  the  Election  of  Road  Commissioners  in  New  Castle 

Hundred. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the 
State  of  Delaware  in  General  Assembly  met: 

Whereas,  The  Road  Commissioners  of  New  Castle  Hundred 
have  no  authority  over  the  roads  and  streets  within  the  cor- 
porate limits  of  the  -City  of  New  Castle. 

Therefore  be  it  enacted  by  the  authority  aforesaid,  as 
follows: 

Qualified  dec-  Section  1.  That  from  and  after  the  passage  of  this  Act  no 
c°asStiefnotTo  qualified  elector  who  is  a  resident  of  the  City  of  New  Castle 
vote  for  Road  shall  have  the  right  to  vote  at  any  general  or  special  election 

Commissioners    .  _  ^f5..  -A-i^  •• 

for  any   Road   Commissioner,   or   Road   Commissioners,    to   be 
elected  in  the  said  Hundred. 

official  ballots  Section  2.  At  every  election  hereafter  held  at  which  a 
city  of*  New  °f  Road  Commissioner  is  to  be  elected  the  official  ballots  shall  be 
Castie  not  to  so  prepared  that  those  to  be  used  by  residents  of  the  City  of 

contain     names  ,$•      .*         -,-,-,  ,     •       ,1  -,--,.  1  •      1    r 

of  Road  Com-  New  Castle  shall  not  contain  the  candidates  to  be  voted  for  as 
Road  Commissioners,  while  all  ballots  to  be  used  in  other  portions 
of  said  New  Castle  Hundred  at  such  elections  shall  contain  the 
names  of  the  candidates  for  said  office. 

Approved  March  14,  A.  D.  1901. 


175 


CHAPTER  67,  VOLUME  24. 

AN  ACT  to  Change  the  Voting  Place  in  the  First  Election  District  of  the 
Sixth  Representative  District,  in  New  Castle  County. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the 
State  of  Delaware  in  General  Assembly  met: 

Section  1 .     That  from  and  after  this  Act  shall  become  a  Change  of  vot- 
law,  the  place  for  holding  all  General  Elections  in  and  for  the  p^t  PEilction 
First  Election  District,  of  the  Sixth  Representative  District,  ingjj™ 
New  Castle  County,  shall  be  in  the  building  known  as  "  Clay- tative 
mont  Hall"  in  said  Election  District,  and  the  holding  of  General  county astle 
Elections  in  and  for  said  Election  Districts  at  the  Tavern  House 
called  the  "Practical  Farmer"  in  said  Election  District,  is  hereby 
discontinued  and  abolished,  and  the  place  for  holding  General 
Elections  in  said  Election  District,  herein  established,  shall  be 
the  legal  place  for  holding  all  General  Elections  in  said  Election 
District. 

Section  2.     That  all  Acts  or  parts  of  Acts  inconsistent  with 
the  provisions  of  this  Act,  be  and  the  same  are  hereby  repealed. 

Section  3.     That  this  Act  shall  be  deemed  and  taken  to  be  a 
public  Act. 

Approved  February  11,  A.  D.  1907. 


176 


CHAPTER  68,  VOLUME  24. 

AN  ACT  Concerning  the  Second  Election  District  of  the  Sixth  Representative    * 
District  in  New  Castle  County. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the 
State  of  Delaware  in  General  Assembly  met: 

Second  Election         Section  1.     That  all  that  portion  of  the  Sixth  Representa- 
iixt^Repr^sen-  tive  District  in  New  Castle  County,  lying  West  of  the  Wilming- 
ifewec?stkrict>  ton  anc^  Great  Valley  Turnpike  Company,   and  South  of  the 
CotTntyf Lund-  Baltimore  and  Ohio  Railroad,  shall  be  and  the  same  is  hereby 
ary  of  changed  made>  &  part  Qf  the  Second  Election  District  of  the  Sixth  Repre- 
sentative District  in  New  Castle  County,  with  the  voting  place 
at  Sharpley's  School  House. 

Section  2.     All  Acts  or  parts  of  Acts  inconsistent  herewith 
are  hereby  repealed. 

Approved  March  29,  A.  D.  1907. 


177 


CHAPTER  69,  VOLUME  24. 

AN  ACT  in  Relation  to  the  Election  Districts  of  Representative  District 
Number  Eleven  in  New  Castle  County. 

Be  it  enacted  by  the  Senate  and  Rouse  of  Representatives  of  the 
State  of  Delaware  in  General  Assembly  met: 

Section  1 .     That  for  the  purpose  of  holding  all  General  and  Representative 
Special  Elections  for  State,  County,  District  and  Hundred  Offi- 
cers,  in  Representative  District  Number  Eleven,  in  New 
County,    said   Representative   District   shall   be   and   is   hereby  Election  Dis- 
divided  into  two  Election  Districts  by  the  following  line,  to  wit:tncts 

Beginning  at  the  intersection  of  the  State  Road,  with  the 
boundary  line  between  the  States  of  Delaware  and  Maryland; 
thence  by  said  State  Road  in  a  northeast  course  through  the 
Milage  of  Glasgow  to  the  intersection  of  the  aforesaid  State  RoadT 
with  the  boundary  line  between  Pencader  Hundred  and  New 
Castle  Hundred. 

All  that  portion  of  said  Representative  District  Number 
Eleven,  in  New  Castle  County,  lying  north  of  the  aforesaid  State 
Road,  shall  be  designated  and  called  the  First  Election  District 
of  Representative  District  Number  Eleven,  in  New  Castle  County, 
and  the  polling  place  for  said  Election  District  shall  be  the  build- 
ing now  owned  or  occupied  by  William  C.  Brooks,  in  the  Village 
of  Glasgow. 

All  that  portion  of  the  aforesaid  Representative  District 
Number  Eleven,  in  New  Castle  County,  lying  south  of  the  afore- 
said State  Road,  shall  be  designated  and  called  the  Second  Elec- 
tion District  of  Representative  District  Number  Eleven  in  New- 
Castle  County,  and  the  polling  place  for  said  last  mentioned 
Election  District  shall  be  the  house  occupied  by  Samuel  M. 
McClenaghan,  in  the  Village  of  Glasgow. 

Section  2.  All  laws  or  parts  of  laws  inconsistent  with  the 
provisions  of  this  Act,  be  and  the  same  are  hereby  repealed. 

Approved  March  29,  A.  D,  1907 


178 


CHAPTER  50,  VOLUME  26. 

AN  ACT  changing  the  boundaries  of  the  First  and  Second  Election  Dis- 
tricts of  the  Seventh  Representative  District  in  New  Castle  County. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the 
State  of  Delaware  in  General  Assembly  met: 

Fi?rstndaEieeSctio0n         Section  1.     That  all  that  portion  of  the  Seventh  Represen- 
pistrict  of  the  tative  District  in  New  Castle  County  lying  South  of  a  line  begin- 

beventh  Repre-      .  , .,  1  •  1  r    -r»      1     /->i  /->         1  j  1          •     j 

sentative  Dis-  rung  on  the  easterly  side  of  Red  Clay  Creek  at  the  intersec- 
tion of  the  line  dividing  the  land  owned  by  G.  M.  D.  Lynam 
and  that  owned  or  lately  owned  by  Richard  Rothwell,  and  extend- 
ing Easterly  along  the  line  from  said  point  to  the  lane  leading 
from  the  property  now  or  lately  owned  by  Richard  Rothwell; 
thence  Northerly  along  said  lane  to  its  intersection  with  the 
Black  Road;  thence  along  center  of  said  Black  Road  in  an  East- 
erly direction  to  the  intersection  of  said  road  with  the  Newport 
and  Gap  Turnpike;  thence  in  a  Northerly  direction  from  the 
Newport  and  Gap  Turnpike  along  the  center  of  the  road  lead- 
ing from  Newport  to  Price's  Corner  to  a  point  where  the  Bal- 
timore &  Ohio  Railroad  crosses  said  road;  thence  along  the 
said  Baltimore  &  Ohio  Railroad  in  an  Easterly  direction  to  a 
point  where  the  said  Baltimore  &  Ohio  Railroad  crosses  Mill 
Creek;  thence  along  said  Mill  Creek  in  an  Easterly  direction 
to  its  intersection  with  Silver  Brook ;  thence  Northerly  along  the 
center  of  Silver  Brook  in  its  various  courses  to  a  point  in  the 
division  line  between  the  Estate  of  Dr.  ].  P.  Stidham  and  the 
Northerly  side  of  the  Right  of  Way  of  the  old  Delaware  £  West- 
ern Railroad ;  thence  Easterly  along  the  said  division  line  between 
the  Estate  of  Dr.  J.  P.  Stidham  and  the  Northerly  side  of  the 
said  Right  of  Way  to  a  point  in  the-  Easterly  side  of  an  old  lane 
leading  from  the  Newport  Pike  to  the  Estate  of  Dr.  ].  P.  Stid- 
ham and  being  also  the  division  line  between  the  Estates  of 
Dr.  ].  P.  Stidham  and  A.  C.  Cleland;  thence  North  Northwest- 
erly along  the  said  Easterly  side  of  the  said  lane  and  division 
line  between  the  Estates  of  Dr.  ].  P.  Stidham  and  A.  C.  Cle- 
land to  a  corner;  thence  still  along  the  said  Easterly  side  of  said 
lane  and  division  between  the  Estates  of  Dr.  J.  P.  Stidham  and 
A.  C.  Cleland  Northerly  to  a  corner;  thence  Northeasterly 
along  still  another  division  line  between  the  Estates  of  Dr.  J. 
P.  Stidham  and  A.  C.  Cleland  to  a  point  on  the  line  of  the  City 
of  Wilmington.  Shajl  be  and  the  same  is  hereby  created  the 
First  Election  District  of  the  Seventh  Representative  District  in 


179 

> 

New  Castle  County  with  the  voting  place  at  Red  Men's  HallVotin« 
in  the  town  of  Newport. 


Section  2.     That  all  that  portion  of  the  Seventh  Represen- 
tative  District  in  New  Castle  County  lying  North  of  that  line  Seventh  Repre- 
described  in  Section  One  of  this  Act  and  South  of  the  Wilming-  S?* 
ton  and  Lancaster  Turnpike  shall  be  and  the  same  is  hereby 
known  as  the  Second  Election  District  of  the  Seventh  Represen- 
tative District  in  New  Castle  County  with  the  voting  place  at  Voting  place 
Foard's  Store,  Marshallton. 

Section  3.     All  Acts  or  parts  of  Acts  inconsistent  herewith 
are  hereby  repealed. 

Approved  March  30,  A.  D.   1911. 


CHAPTER  51,  VOLUME  26. 

AN  ACT  to  change  the  Voting  Place  in  the  Fifth  Election  District  of  the 
Seventh  Representative  District  of  New  Castle  County. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the 
State  of  Delaware  in  General  Assembly  met: 

Section  1.     That  from  and  after  the  approval  of  this   Act 
the  place  for  holding  all  general  elections  in  and  for  the  Fifth  changed  to  du 
Election  District  of  the  Seventh  Representative  District  in  New  HOU^ 
Castle  County,  shall  be  in  the  building  known  as  "du  Pont  School 
House"  in  said  Election  District,  and  the  holding  of  General 
Elections  in  and  for  said  Election  District  at  "Mt.   Pleasant  Holding  ei«> 
Hotel"  in  said  Election  District  is  hereby  discontinued  and  abol-  pjSLnt*  Hotel 
ished,  and  the  place  for  holding  general  elections  in  said  Elec-  discontinued 
tion  District,  herein  established,  shall  be  the  legal  place  for  hold- 
ing all  general  elections  in  said  Election  District. 

Section  2.     That  all  Acts  or  parts  of  Acts  "inconsistent  with 
the  provisions  of  this  Act  be  and  the  same  are  hereby  repealed. 

Approved  March  30,  A.  D.  1911. 


180 


CHAPTER  67,  VOLUME  27. 

AN  ACT  to  change  the  boundaries  of  the  Third  and  Fourth  Election  Dis- 
tricts of  the  Seventh  Representative  District  in  New  Castle  County. 

Be  it  enac  ed  by  the  Senate  and  House  of  Representatives  of  the 
State  of  Delaware  in  General  Assembly  met: 

of  Section  1.     That  all  that  part  or  portion  of  the   Fourth 

pre-  Election  District  of  the  Seventh  Representative  District  of  New 
tnct    of    New  Castle  County,  bounded  and  described  as  follows,    to  wit: 

Castle  County 

Beginning  at  Adams  Cross  Roads,  and  running  from  thence 

Boundaries     of  ^  ,&         ,fe         ..  , .  e    TV  -,     r  -r,       1  1         -, 

new  district  Easterly,  along  the  centre  line  or  the  road  trom  Rockland  to 
Chadds  Ford  to  the  Rockland  Bridge;  thence  along  the  centre 
line  of  the  road  from  Rockland  to  Wooddale  to  where  it  crosses 
the  Du  Pont  Road;  thence  along  the  centre  line  of  the  Du  Pont 
Road  to  where  said  road  intersects  with  the  Chadds  Ford  Road  at 
Adams  Cross  Roads  and  place  of  beginning,  be  and  the  same  is 
hereby  made  and  constituted  a  part  of  the  Third  Election  Dis- 
trict of  the  Seventh  Representative  District  of  New  Castle  County ; 
and  all  persons  within  the  said  above  described  bounds,  entitled 
to  vote,  shall  hereafter  register  and  vote  at  the  place  designated 
by  law  for  the  voters  of  the  Third  Election  District  of  the  Seventh 
Representative  District  to  register  and  vote. 

Section  2.     That  all  Acts  or  parts  of  Acts  inconsistent  here- 
with be  and  the  same  are  hereby  repealed. 

Approved  March  19,  A.  D.  1913. 


181 


CHAPTER  68,  VOLUME  27. 

AN  ACT  creating  five  election  districts  in  the  Tenth  Representative  Dis- 
trict of  New  Castle  County  (New  Castle  Hundred). 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the 
State  of  Delaware  in  General  Assembly  met: 

Section  1 .  For  the  purpose  of  holding  all  elections  for  Creating  five 
State,  County,  Hundred  and  District  offices,  and  for  all  other  trictSnstSd  of 
purposes,  as  may  now  or  hereafter  be  held  by  and  under  author-  f°ur  .as  hereto- 
ity  of  any  acts  passed  by  the  General  Assembly  the  Tenth  Rep-  Tenth1  Repre- 
resentative  District  (New  Castle  Hundred)  shall  be  divided  into  SaofveNeSis" 
five  election  districts,  by  the  following  lines,  viz. : —  Castle  County 

(a)  Beginning  at  the  Delaware  River  in  the  center  line  of  Boundaries  of 
Delaware  Street  in  the  City  of  New  Castle;    thence  by  the  saidFirst  District 
center  line  of  Delaware  Street  until  it  intersects  the  center  line 

of  Fourth  Street;  thence  by  the  said  center  line  of  Fourth  Street 
until  it  intersects  the  center  line  of  the  street  or  road  leading 
from  New  Castle  to  Wilmington;  thence  by  the  said  center  line 
of  said  street  or  road  to  a  point  where  said  road  or  highway  reaches 
the  limits  of  New  Castle  Hundred  near  Eden  Park;  thence  by 
the  boundary  of  said  Hundred  to  the  Delaware  River  and  thence 
by  said  river  to  the  place  of  beginning,  shall  be  the  First  or  Eastern 
District  and  the  elections  in  said  District  shall  be-  held  in  the 
Old  Court  House  in  the  City  of  New  Castle. 

(b)  Beginning  at  the  point  of  intersection  of  Fourth  Street  Boundaries  of 
and  Delaware  Street  in  the  City  of  New  Castle;   thence  by  theSecond  District 
said  centre  line  of  Fourth  Street  until  it  intersects  the  center 

line  of  the  street  or  road  leading  from  New  Castle  to  Wilming- 
ton; thence  by  the  said  center  line  of  said  street  or  road  to  a  point 
where  said  road  or  highway  reaches  the  limits  of  New  Castle 
Hundred,  near  Eden  Park;  thence  Westerly  by  the  boundary  of 
said  Hundred  to  a  point  in  the  center  line  of  the  Christiana 
River;  thence  by  the  center  line  of  said  Christiana  River  to  a 
point  in  the  center  of  the  drawbridge  over  said  river  at  the  town 
of  Newport;  thence  from  the  center  of  said  river  by  the  center 
line  of  the  road  leading  from  Newport  to  New  Castle  until  said 
road  intersects  the  road  known  as  the  New  Castle  and  French- 
town  road  (or  Delaware  Street  extended) ;  thence  by  the  said  road 
or  street  to  the  place  of  beginning,  shall  be  known  as  the  Second 
or  Northern  District  and  the  elections  in  said  District  shall  be 
held  in  the  shop  of  Charles  H.  Clewell  in  the  City  of  New  Castle. 


182 

ThfrfdDiltrict  (c)  Beginning  at  a  point  in  the  center  of  the  drawbridge 

over  the  Christiana  River  at  Newport;  thence  from  the  cen- 
ter of  said  river  by  the  center  line  of  the  road  leading  from  New- 
port to  New  Castle  until  the  said  road  intersects  the  road  known 
as  the  New  Castle  and  Frenchtown  road  (or  Delaware  Street 
extended);  thence  by  said  road  or  street  to  the  center  line  of 
the  right  of  way  of  the  Wilmington  and  New  Castle  cut-off  of 
the  Delaware  Railroad;  thence  by  the  said  center  line  of  the  right 
of  way  of  the  cut-off  of  the  Delaware  Railroad  until  said  cut- 
off intersects  the  right  of  way  of  the  main  line  of  the  Delaware 
Railroad;  thence  by  said  center  line  of  said  Delaware  Railroad 
until  it  intersects  the  center  line  of  the  public  road  at  State  Road 
Station;  thence  by  the  center  line  of  said  public  road  to  a  point 
dividing  lands  of  James  W.  Denning  from  lands  late  of  John 
Johns ;  thence  by  said  dividing  line  to  a  point  in  the  center  of  the 
right  of  way  of  the  Delaware  Railroad;  thence  by  center  of  said 
right  of  way  to  the  point  of  intersection  of  the  road  (extended) 
that  leads  from  the  New  Castle  and  Frenchtown  road  to  the 
road  that  leads  from  New  Castle  to  Christiana;  and  thence  by 
the  center  line  of  last  named  road  and  by  the  center  line  of  the  road 
leadingjirom  New  Castle  to  Christiana,  to  a  point  in  the  center 
of  the  drawbridge  over  the  Christiana  River  at  Christiana;  thence 
by  the  center  line  of  said  Christiana  River  to  the  place  of  begin- 
ning, shall  be  the  Third  or  Western  District  and  the  elections  in 
said  District  shall  be  held  in  the  store  of  James  J.  Ryan  in  the 
City  of  New  Castle. 

FourthaD?strict  (d)  Beginning  at  a  point  in  the  center  line  of  the  right  of 
way  of  the  cut-off  of  the  Delaware  Railroad  where  it  intersects 
Delaware  Street  (extended)  in  the  City  of  New  Castle;  thence 
by  the  center  line  of  said  Delaware  Street  to  the  Delaware  River; 
thence  by  the  said  Delaware  River  to  a  point  dividing  lands  of 
Florence  B.  Hilles  from  lands  of  Mark  M.  Cleaver;  thence  by 
said  dividing  line  to  the  center  line  of  the  public  road  leading 
from  New  Castle  to  Delaware  City;  thence  by  the  center  line 
of  said  public  road  to  a  point  of  intersection  with  the  road  known 
as  Federal  School  Lane;  thence  by  the  center  line  of  said  road 
to  the  center  line  of  the  road  leading  from  Wilmington  to  Red 
Lion;  thence  by  the  center  line  of  said  road  to  a  point  dividing 
lands  of  James  W.  Denning  from  lands  late  of  John  Johns ;  thence 
by  said  dividing  line  to  a  point  in  the  center  line  of  the  right  of 
way  of  the  Delaware  Railroad;  thence  by  said  center  line  of 
said  right  of  way  to  a  point  of  intersection  with  the  right  of  way 
of  the  Wilmington  and  New  Castle  cut-off  of  the  Delaware  Rail- 
road; thence  by  the  center  line  of  said  cut-off  right  of  way  to 
the  place  of  beginning,  shall  be  the  Fourth  or  Southern  District 
and  the  elections  in  said  district  shall  be  held  in  the  building  of 
the  Good  Will  Fire  Company  in  the  City  of  New  Castle. 


183 

(e)  Beginning  at  a  point  on  the  Delaware  River  dividing  p 
lands  of  Florence  B.  Hilles  from  lands  of  Mark  M.  Cleaver; 
thence  by  said  dividing  line  to  the  center  line  of  the  public  road 
leading  from  New  Castle  to  Delaware  City;  thence  by  the  cen- 
ter line  of  said  public  road  to  a  point  of  intersection  with  the 
road  known  as  Federal  School  Lane;  thence  by  the  center  line 
of  said  road  to  the  center  line  of  the  road  leading  from  Wilmington 
to  Red  Lion;  thence  by  the  center  line  of  said  road  to  a  point 
dividing  lands  of  James  W.  Denning  from  lands  late  of  John 
Johns;  thence  by  said  line  to  the  center  line  of  the  right  of  way 
of  the  Delaware  Railroad;  thence  by  the  center  of  said  right  of 
way  to  a  point  of  intersection  of  the  road  (extended)  that  leads 
from  the  New  Castle  and  Frenchtown  road  to  the  road  that 
leads  from  New  Castle  to. Christiana;  thence  by  the  center  line 
of  said  road  and  by  the  center  line  of  the  road  leading  from  New 
Castle  to  Christiana  to  a  point  in  the  center  of  the  drawbridge 
over  the  Christiana  River  at  Christiana;  thence  by  the  center 
line  of  said  River  and  other  lines  dividing  New  Castle  Hundred 
from  White  Clay  Creek,  Pencader  and  Red  Lion  Hundreds  from 
New  Castle  Hundred  to  the  Delaware  River  and  thence  by  said 
River  to  the  place  of  beginning,  shall  be  the  Fifth  or  Southwest- 
ern District  and  the  elections  in  said  District  shall  be  held  in  the 
village  of  Bear  at  such  place  as  shall  be  procured  by  the  Inspec- 
tor or  other  officer  holding  the  election  in  said  district. 

Section  2.     It  shall  be  the  duty  of  the  Governor  to  appoint  Governor  to  ap- 
an  Inspector  of  Election  for  the  said  Fifth  Election  District  ere-  J££*or  of  Eiic- 
ated,by  this  act,  to  hold  the  general  election  next  ensuing  after  ^ts  g^er^old 
the  passage  of  this  act,    (but  any  special  election  held  before  election  after 
the  next  general  election  shall  be  held  in  the  four  election  dis-  ict^for  Fifth15 
tricts  existing  prior  to  the  passage  of  this  Act)  and  at  the  next  District 
ensuing  general  election  and  every  two  years  thereafter  an  Inspec- 
tor for  said  District  shall  be  elected  by  the  electors  of  the  said 
District, 

Section  3.     The  persons  who  were  elected  at  the  general  inspectors  for 
election  held  in  November,   A.   D.    1912,   as   Inspectors  in  the  Third  and°n 
First,  Second,  Third  and  Fourth  Election  Districts  shall  continue          ***** 
in  said  office  in  the  First,  Second,  Third  and  Fourth  Districts 
until  their  successors  are  elected  at  the  general  election  to  be 
held  in  A.  D.  1914. 

NOTE. — This  bill  became  a  law  on  March  6,  1913,  without 
the  approval  of  the  Governor  and  in  accordance  with  Sec.  18, 
Article  III  of  the  Constitution  of  Delaware. 

THOMAS  W.  MILLER,  Secretary  of  State. 


184 


CHAPTER  158,  VOLUME  21. 

AN  ACT  to  Divide  Kenton  Hundred  and  Representative  District  Number 
Three  of  Kent  County  into  Two  Election  Districts. 

Be  it  enacted  by  \he  Senate  and  House  of  Representatives  of  the 
State  of  Delaware  in  General  Assembly  met: 

Representative  Section  1.  That  for  the  purpose  of  holding  elections  for 
No'  3  Hundred,  District,  County  and  State  offices  in  Kenton  Hun- 
dred and  Representative  District  number  three  of  Kent  County 
the  said  Hundred  and  Representative  District  is  hereby  divided 
into  two  Election  Districts,  viz. :  By  a  line  beginning  at  a  point 
on  a  line  between  the  State  of  Maryland  and  the  State  of  Del- 
aware where  the  said  State  line  is  intersected  by  the  center  line 
of  the  road  leading  from  Millington  to  Clayton;  thence  along 
the  centre  line  of  said  road  in  an  easterly  direction  to  the  center 
line  of  the  road  leading  to  the  Middle  Alley  road  and  the  Ken- 
ton  R°ad;  thence  along  the  center  line  of  the  said  road  leading 
to  the  Middle  Alley  road  and  the  Kenton  Road,  in  a  southerly 
direction,  to  the  centre  line  of  the  Kenton  Road,  thence  along 
the  centre  line  of  said  Kenton  Road,  in  an  easterly  direction  to 
the  ' '  Whitehouse " ;  thence,  in  a  southerly  direction  along  the 
centre  line  of  the  road  leading  from  the  "Whitehouse"  to  the 
road  leading  from  Spring's  Mills  to  Brenford,  and  thence  in  an 
easterly  direction  along  the  centre  line  of  said  road,  leading  from 
Spring's  Mills  to  Brenford,  to  the  centre  line  of  the  Delaware 
Railroad  at  Brenford.  All  that  part  of  Kenton  Hundred  and 

E>TstrictEle  3n  Representative  District  Number  Three  of  Kent  County  lying 
north  and  east  of  said  dividing  line  shall  be  the  First  Election 
District  of  Representative  District  Number  Three  of  Kent 
County;  and  all  that  portion  of  said  hundred  and  representative 
district  lying  south  and  west  of  said  dividing  line  shall  be  the 
Second  Election  District  of  Representative  District  Number 
Three  of  Kent  County 

Approved  March  9,  A,  D.  1899. 


divided  into 
two  Election 
Districts 


Dividing  line 


First    Election 
District 


185 


CHAPTER  6,  VOLUME  22. 

AN  ACT  Designating  the  Voting  Place  in  the  First  Election  District  of  Rep- 
resentative District  Number  Three  of  Kent  County. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the 
State  of  Delaware  in  General  Assembly  met: 

Section  1 .     That  after  this  Act  becomes  a  law,  every  gen-  Place  of  hoid- 
eral  and  special  election  held  in  the  First  Election  District  of  E 
Representative  District  Number  Three  of  Kent  County,  shall 
held  at  the  times  and  in  the  manner  fixed  by  law  in  the  building  District  NO.  3 
now  occupied  and  used  by  Thomas  Holliday,  in  the  town  of  Clay- 
ton, as  and  for  a  wheelwright  shop. 

Approved  February   18,   A.   D.    1901. 


CHAPTER  8,  VOLUME  22. 

AN  ACT  Designating  the  Voting  Place  in  the  Second  Election  District  of 
Representative  District  Number  Three  of  Kent  County. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the 
State  of  Delaware  in  General  Assembly  met: 

Section  1.     That  after  this  Act  becomes  a  law,  every  Gen- 
eral  and  Special  Election  held  in  the  Second  Election  District  Election  Dis- 
of  Representative  District  Number  Three  of  Kent  County,  shall  Representative 
be  held  in  the  building  now  kept  as  an  inn,  tavern  and  hotel,  by  District  Xo-  3 
Samuel  Fortner,  in  the  town  of  Kenton. 

Approved  February  18,  A.  D.  1901. 


186 


CHAPTER  9,  VOLUME  22. 

AN  ACT  to  divide  Representative  District  Number  Seven  of  Kent  County 
into  Two  Election  Districts. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the 
State  of  Delaware  in  General  Assembly  met: 

Representative          Section  1.     That  for  the  purpose  of  holding  elections  for 
divide?  into'  ?  District,    County   and   State   offices   in   Representative   District 
two  election     Number  Seven  of  Kent  County,  the  said  Representative  District 
is  hereby  divided  into  two  Election  Districts,  viz. : 


Boundaries 
thereof 


By  a  line  beginning  at  Stubbs  Corner  where  the  public  road 
from  Camden  to  Willow  Grove  intersects  the  northern  line  of 
the  Sixth  Representative  District  of  Kent  County  and  following 
the  centre  line  of  said  Camden  and  Willow  Grove  road  in  a 
northeasterly  direction  to  the  centre  line  of  the  Cedar  Lane 
road;  thence  along  the  centre  line  of  the  Cedar  Lane  road,  in  a 
southeasterly  direction  to  the  centre  line  of  the  public  road  from 
Camden  to  Canterbury;  thence  along  the  centre  line  of  the 
said  Camden  road  a  short  distance  in  a  northerly  direction  to  the 
centre  line  of  the  public  road  leading  to  Green's  Mill  and  Rising 
Sun;  thence  along  the  centre  line  of  the  Green's  Mill  and  Ris- 
ing Sun  road  in  an  easterly  direction  to  the  centre  line  of  the 
public  road  leading  from  Camden  to  Magnolia  at  Rising  Sun; 
thence  following  the  centre  line  of  the  said  Camden  and  Mag- 
nolia road  in  a  southeasterly  direction  to  the  northern  line  of  the 
Eighth  Representative  District  of  Kent  County.  All  that  part 
of  Representative  District  Number  Seven  of  Kent  County  lying 
north,  east  and  west  of  said  dividing  line  shall  be  the  first  Elec- 
tion District  of  Representative  District  Number  Seven  of  Kent 
County,  and  all  that  "portion  of  said  Representative  District 
lying  south,  east  and  west  of  said  dividing  line  shall  be  the  Sec- 
ond Election  District  of  Representative  District  Number  Seven 

of  Kent  County. 

* 

Camden  to  be  Section  2.  That  the  town  of  Camden,  Kent  County,  shall 
voting  place  in  be  the  voting  place  of  the  First  Election  District  of  the  said 
fricfNo. Di*~  Representative  District,  and  the  town  of  Woodside,  Kent  County, 
Woodside  to  be  s^a^  ^e  ^e  voting  place  of  the  Second  Election  District  of  the 
voting  place  in  said  Representative  District. 

Election  Dis- 
trict  No.   2 

Approved  March  9,  A.  D.  1901. 


187 


CHAPTER  70,  VOLUME  24. 

AN  ACT  to  establish  the  Voting  Place  of  the  First  Election  District  of  the 
Ninth  Representative  District  of  Kent  County. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the 
State  of  Delaware  in  General  Assembly  met: 

* 

Section  1.     That  from  and  after  the  passage  of  this  Act,  the 
voting  place  for  all  primary  and  general  elections  to  be  held  in    ersentti 
the  First  Election  District  of  the  Ninth  Representative  District  District  in  Kent 
of  Kent  County  shall  be  at  the  Town  Hall  of  Harrington,  situate  Co>  changed 
in  the  town  of  Harrington,  Kent  County,  Delaware. 

Section  2.     That  all  acts  or  parts  of  acts  inconsistent  with 
this  act  are  hereby  repealed. 

Approved  March  4,  A.  D.  1907. 


188 


CHAPTER  10,  VOLUME  22. 

AN  ACT  dividing  the  Fifth  Representative  District  of  Sussex  County  into 
two  Election  Districts  by  a  new  dividing  line  of  said  district. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the 
State  of  Delaware  in  General  Assembly  met: 

Section  1.  That  for  the  purpose  of  holding  elections  for 
Hundred,  District,  County  and  State  offices  in  the  Fifth  Repre- 
sentative District  of  Sussex  County,  the  said  Representative 
District,  in  lieu  of  the  present  subdivision  into  election  districts, 
viz.: 

At  Warrington's  Store,  thence  in  a  westerly  course  by  the 
changing  farm  of  E.  H.  Warrington,  thence  over  the  branch  by  the  farm 
of  the  Two  dec-  of  J.  Cannon  to  the  junctions  of  the  road;  thence  in  a  north- 
Repres?ntativefwesterly  direction  by  the  residence  of  T.  Ward  and  J.  Ward  to 
District  NO.  s  the  mill  stream  of  Ellis'  Mills,  over  the  stream  to  the  main  coun- 
try road  leading  from  Laurel  to  Smith's  Mills  by  Kings  Church; 
thence  in  a  westerly  course  by  a  new  road  by  the  farm  of  E.  C. 
Go'rdy  to  the  old  State  road;  thence  south  down  the  old  State 
road  to  Mrs.  H.  Lynch;  thence  in  a  westerly  course  by  the  farm 
of  E.  Oliphant  and  the  farm  of  S.  Hill  to  the  main  road  lead- 
ing from  Laurel  to  Delmar;  thence  in  a  northerly  direction  to 
the  road  leading  to  Bacon's  Switch;  thence  in  a  westerly  direc- 
tion leading  to  Bacon's  Station,  across  the  railroad,  down  the 
main  country  road  by  Jonathan  Rickards,  by  the  farm  of  J.  W. 
Rickards  till  it  strikes  the  road  leading  to  Spring  Hill;  thence 
southerly  to  fork  of  road  near  Ralph  Store;  thence  in  a  north- 
erly direction  to  the  land  of  Charles  Walson;  thence  in  a  west- 
erly course  around  said  land  back;  thence  in  a  westerly  direc- 
tion to  the  main  country  road  by  William  B.  Rickards,  S.  P. 
Twilley  and  J.  E.  Twilley  to  the  corner  of  D.  M.  Phillips;  thence 
in  a  westerly  direction  to  William  Owens;  thence  in  a  southerly 
direction  to  A.  R.  Bradley;  thence  in  a  westerly  direction  to  a 
point  of  R.  Twilley 's  fanm. 

Approved  March  9,  A.  D.  1901. 


189 


CHAPTER  11,  VOLUME  22. 

AN  ACT  Designating  the  Voting  Places  in  the  Election  Districts  of  Repre- 
sentative District  Number  Five  in  Sussex  County. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the 
State  of  Delaware  in  General  Assembly  met: 

Section  1 .  That  from  and  after  this  Act  becomes  a  law  ^n£nplgj|  o£ 
every  general  and  special  election  held  in  the  First  Election  tricfNo.  s  to'be 
District  of  the  Fifth  Representative  District  of  Sussex  County  a*1°4^sa/i]nau- 
shall  be  held  at  or  near  the  Laurel  House  in  the  town  of  Laurel,  town  of  Laueri 

Voting  place  of 

And  every  such  election  held  in  the  Second  Election  District 
of  the  said  Fifth  Representative  District  of  Sussex  County  shall 
be  held  at  or  near  the  store  house  of  William  L.  Sirman  in  the  to'bat  or  near 
townofDelmar.  l°mreLHostaa°nf 

town  of  Delmar 

Approved  March  9,  A.  D.  1901. 


190 


CHAPTER  12,  VOLUME  22. 

AN  ACT  to  Divide  the  Second  Election  District  of  the  Tenth  Representa- 
tive District  of  Sussex  County  into  Two  Election  Districts. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the 
State  of  Delaware  in  General  Assembly  met: 

Election  Dis-  Section  1.     That  for  the  purpose  of  holding  elections  for 

trict  NO.  2  of  Hundred,  District,  County  and  State  offices  in  what  is  now  the 
Dis^ridl^To  Second  Election  District  of  the  Tenth  Representative  District 
divifedSeintoCo' of  Sussex  County,  the  said  Election  District  is  hereby  divided 
two  election  into  two  Election  Districts,  as  follows:  By  a  line  beginning  at 
Broadkiln  Inlet  at  the  entrance  to  the  Delaware  Bay;  thence 
up  Broadkiln  Sound  on  a  line  of  Broadkiln  Hundred  to  Broad- 
Boundaries  kiln  River;  thence  up  said  river  to  Mill  Creek;  thence  up  said 
Mill  Creek  to  Black  Oak  Gut;  thence  up  Black  Oak  Gut  and 
across  the  new  road  leading  from  Lewes,  to  Nassau  to  the  old 
road  leading  from  Milton  to  Lewes,  at  or  near  Yellow  Hill  School 
House;  thence  with  said  public  road  by  way  of  Five  Points  and 
Prettyman's  Corner  to  the  public  road  leading  from  Lewes  to 
Rehoboth,  at  William  H.  Virden's  farm;  thence  in  a  southeast- 
erly direction  across  said  Virden  farm  and  southwest  of  the 
farm  house  to  the  head  of  Wolf's  Glade;  thence  down  and  with 
the  stream  in  said  Wolf's  Glade  to  Lewes  Creek;  thence  turn- 
ing and  running  in  an  easterly  direction  to  a  point  at  the  ocean 
shore,  one-half  mile  south  of  Cape  Henlopen  Life  Saving  Sta- 
tion. All  that  part  of  the  Second  Election  District  of  the  Tenth 
Representative  District  of  Sussex  County  lying  on  the  north 
side  of  said  dividing  line  shall  remain  and  be  the  Second  Elec- 
tion District  of  the  Tenth  Representative  District  of  Sussex 
County;  and  all  on  the  south  side  of  said  dividing  line  shall  be 
the  Third  Election  District  of  the  Tenth  Representative  Dis- 
trict of  Sussex  County. 

Approved  March  14,  A.  D.  1901. 


191 


CHAPTER  13,  VOLUME  22. 

AN  ACT  Designating  the  Voting  Places  in  the  Second  and  Third  Election 
Districts  of  the  Tenth  Representative  District  of  Sussex  County. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the 
State  of  Delaware  in  General  Assembly  met: 

Section  1 .     That  after  this  Act  becomes  a  law  every  general  Voting  place  in 
and  special  election  held  in  the  new  Second  Election  District  of 
the  Tenth  Representative  District  of  Sussex  County  shall 
held  at  the  place  heretofore  designated  by  law  for  holding  elec-  trict  NO.  10  to 
tions  in  the  Second  Election  District  of  the  Tenth  Represen-b( 
tative  District  of  Sussex  County,  and  every  general  and  special  E°*JgnpIf)2_ 
election  held  in  the  Third  Election  District  of  the  Tenth  Repre-  trict  NO.  3  of 
sentative  District  of  Sussex  County  shall  be  held  at  Henry  Wolf's 
Old  Store,  or  as  near  thereto  as  practicable,  in  said  district. 

Old 

Approved  March  14,  A.  D.  1901. 


CHAPTER  55,  VOLUME  23. 

AN  ACT  Designating  the  Voting  Place  in  the  First  Election  District  of  Repre- 
sentative District  Number  Six  of  Sussex  County. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the 
State  of  Delaware  in  General  Assembly  met: 

Section  1.     That  after  this  Act  becomes  a  law,  every  gen- 
eral  and  special  election  held  in  the  First  Election  District  of  g 
Representative  District  Number  Six  of  Sussex  County,  shall  be  Representative 
held  at  the  times  and  in  the  manner  fixed  by  law  at  or  within  a 
radius  of  one-half  mile  from  "Marvel's  Old"  Tan  Yard"  in  the 
County  and  District  aforesaid,  and  in  the  building  owned  by 
Geo.  W.  Marvel,  or  any  other  suitable  building  within  the  above 
boundary. 

Approved  March  2,  A.  D.  1905. 


192 


vided 
election   dis- 
tricts 


r?istrictecti°n 


CHAPTER  71,  VOLUME  24. 

AN  ACT  to  divide  the  Second  Election  District  of  the  Third  Representative 
District  of  Sussex  County. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the 
State  of  Delaware  in  General  Assembly  met: 

2nd  Election  Section  1.  That  for  the  purpose  of  holding  elections  for 

Rep^sent^tiv^  Hundred,  District,  County  and  State  officers  in  what  is  now  the 
£x 'coUty8^- Secon(i  Election  District  of  the  Third  Representative  District 
nto  2  of  Sussex  County,  which  includes  Seaford  Hundred,  the  said 

Election  District  is  hereby  divided  into  two  Election  Districts, 

as  follows : — 

By  a  line  beginning  at  a  point  at  the  foot  of  Spring  Alley 
in  the  town  of  Seaford  on  the  North  Bank  of  the  Nanticoke 
River,  thence  with  said  Spring  Alley  to  High  Street,  thence 
westward  with  said  High  Street  to  Arch  Street,  thence  northward 
with  said  Arch  Street  to  the  County  road  forming  the  north- 
ern boundary  of  the  town  of  Seaford,  thence  westward  with  said 
County  road  to  a  point  of  intersection  with  Pine  Street,  thence 
with  the  road  leading  by  Ross  Station  to  Wesley  Church,  thence 
with  the  County  road  leading  from  said  Wesley  Church  over 
the  branch  and  by  the  farms  of  John  J.  Kinder,  Charles  Friedel, 
Amos  K.  Corbin  and  others  to  the  point  of  intersection  of  said 
road  with  the  County  road  leading  from  Bridgeville  to  Federals- 
burg,  and  forming  the  northern  boundary  of  said  Second  Elec- 
tion District  of  said  Third  Representative  District. 

All  that  part  of  the  said  Second  Election  District  of  the 
Third  Representative  District  of  Sussex  County  lying  on  the 
east  side  of  said  dividing  line  shall  remain  and  be  the  Second 
Election  District  of  the  Third  Representative  District  of  Sussex 
County,  and  all  lying  on  the  west  side  of  said  dividing  line  shall 
be  the  Third  Election  District  of  the  Third  Representative 
District  of  Sussex  County. 

Approved  March  4,  A.  D.  1907. 


CHAPTER  72,  VOLUME  24. 

AN  ACT  Designating  the  Voting  Place  in  the  Second  and  Third  Election 
Districts  of  the  Third  Representative  District  of  Sussex  County. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  ike 
State  of  Delaware  in  General  Assembly  met: 

Section  1.     That  after  this  Act  becomes  a  law  every  General  inspectors  to 
and  Special  Election  held  in  the  new  Second  Election  District  S?e*S>S  u! 
of  the  Third  Representative  District  of  Sussex  County  shall  be  §£.£*  g£_ 
held  at  some  suitable  place  within  that  part  of  the  town  of  Sea-  tricts    of    3rd 
ford  included  within  the  said  new  Second  Election  District,  and  SiS 
every  General  and  Special  Election  held  in  the  Third  Election  County 
District  of  the  Third  Representative  District  of  Sussex  County 
shall  be  held  at  some  suitable  place  within  that  part  of  the  said 
town  of  Seaford  included  within  the  said  Third  Election  District. 
The  place  of  holding  the  election  in  each  of  the  aforesaid  Dis- 
tricts to  be  selected  by  the  Inspector  or  other  officer  appointed 
by  law  to  hold  the  election 

Approved  March  4,  A.  D.  1907. 


CHAPTER  73,  VOLUME  24. 

AN  ACT  Providing  for  Inspectors  to  Hold  Elections  in  the  Second  and  Third 
Election  Districts  of  the  Third  Representative  District  of  Sussex  County. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the 
State  of  Delaware  in  General  Assembly  met: 

Section  1  .     That   Norman   Rawlins   shall   be   Inspector   of  inspector  of 
Election  in  the  Second  Election  District  of  the  Third  Repre-  gjj^6^0^ 
sentative  District  of  Sussex  County  at  the  General  Election  to  Representative 
be  held  in  the  year  A.  D.  1908,  and  the  Governor  shall  appoint  District 


a  suitable  elector  of  the  Third  Election  District  of  the  Third 
Representative   District   of   Sussex   County  to  be   Inspector  of  for  3rd  Election 
said  General  Election  to  be  held  in  the  year  A.  D.  1908,  in  said  ReSSe         d 
Third  Election  District.  District 

Approved  March  4,  A.  D.  1907 


194 


CHAPTER  46,  VOLUME  25. 

AN  ACT  to  Divide  the  First  Election  District  of  the  Fifth  Representative 
District  of  Sussex  County  into  Two  Election  Districts. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the 
State  of  Delaware  in  General  Assembly  met: 

Sussex  County;         Section  1.     That  for  the  purpose  of  holding  general  and  spe- 
DiSktofeFiShcial  elections  in  the  First  Election  District  of  the  Fifth  Repre- 


sentative  District  of  Sussex  County  the  said  Election  District  is 
hereby  subdivided  into  two  Election  Districts,  viz.  :  —  By  a  line 
Boundaries  beginning  at  Laurel  River  at  the  foot  of  Central  Avenue  in  the 
town  of  Laurel  and  running  thence  in  a  southerly  direction  with 
said  Central  Avenue  to  Clayton  Avenue;  thence  with  said  Clay- 
ton Avenue  in  a  westerly  direction  to  the  easterly  line  of  lands 
of  the  Delaware  Railroad  Company  ;  thence  with  the  easterly 
line  of  lands  of  the  Delaware  Railroad  Company  in  a  southerly 
direction  to  the  line  now  dividing  the  Fifth  Representative  Dis- 
trict into  two  Election  Districts,  at  Bacon  Station.  All  that 
portion  of  what  has  heretofore  been  the  First  Election  District 
of  the  Fifth  Representative  District  of  Sussex  County  lying 
east,  north  and  south  of  said  dividing  line  shall  be  the  First 
Election  District  of  the  Fifth  Representative  District  of  Sussex 
County,  and  all  that  portion  of  what  has  heretofore  been  the 
First  Election  District  aforesaid  lying  west,  north  and  south  of 
said  dividing  line  shall  be  the  Third  Election  District  of  the 
Fifth  Representative  District  of  Sussex  County. 

DfstrictElection  Section  2.  That  the  voting  place  of  the  First  Election  Dis- 
Voting  place  trict  of  said  Fifth  Representative  District  shall  be  in  the  town 

of  Laurel  aforesaid  on  the  easterly  side  of  said  dividing  line, 
S£rictElecti°n  an<^  ^e  v°tinS  place  °f  the  Third  Election  District  of  said  Repre- 
Voting  place  sentative  District  shall  be  in  the  town  of  Laurel  on  the  westerly 

side  of  said  dividing  line. 

Assessors  Section  3.     The  assessor  elected  at  the  last  general  election 

for  the  First  Election  District  of  the  said  Fifth  Representative 
District  shall  be  the  assessor  for  the  Districts  as  herein  pro- 
vided and  his  successor  when  elected  shall  be  the  assessor  for 
the  said  First  Election  District  and  the  said  Third  Election  Dis- 
trict of  the  said  Fifth  Representative  District. 

inspectors  Section  4.     The  Inspector  elected  at  the  last  general  elec- 

tion for  the  First  Election  District  of  the  said  Fifth  Representa- 


195 

tive  District  shall  be  the  inspector  for  the  Third  Election  Dis- 
trict as  herein  provided,  and  the  Governor  shall  appoint  an 
inspector  for  the  First  Election  District  of  the  said  Fifth  Repre- 
sentative District  to  serve  until  his  successor  is  duly  elected. 
Approved  March  1,  A.  D.  1909. 


CHAPTER  54,  VOLUME  26. 

AN  ACT  to  Divide  the  Second  Election  District  of  the  Second  Representa- 
tive District,  of  Sussex  County,  into  two  Election  Districts. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the 
State  of  Delaware  in  General  Assembly  met: 

Section  1.     That  for  the  purpose  of  holding  Elections  for  Election  Dis- 
Hundred,  District,  County  and  State  officers,  in  what  is  now  the  cSLir  divided 
Second  Election  District  of  the  Second  Representative  District, 
of  Sussex  County,  the  said  Election  District  is  hereby  divided 
into  two  Election  Districts  as.  follows: 

"By  a  line  beginning  at  Norton's  Mill  Stream,  thence  in  a  District  divided 
westerly  direction  with  the  public  road  leading  to  Dale's  Cross- 
ing, thence  by  the  public  road  to  Cocked  Hat,  thence  by  the  pub- 
lic road  to  the  farm  of  Oliver  A.  Newton  to  a  road  leading  to 
Bridgeville,  thence  by  said  road  in  a  northwesterly  direction  to 
the  first  public  road  on  the  right  leading  to  Scott's  store,  thence 
following  said  road  to  Scott's  store,  thence  by  said  road  to  Wooden 
Hawk,  thence  following  said  road  and  crossing  another  road  at 
Adams'  Mill,  thence  straight  to  the  Maryland  line  on  road  lead- 
ing to  Anderson  Town.     All  that  part  of  the  Second  Election  Dis-  f^f  gj^teio°nf 
trict  of  the  Second  Representative  District,  of  Sussex  County ,  D'**™*  ^Jbe 
lying  on  the  south  side  of  said  dividing  line,  shall  remain  anda 
be  the  Second  Election  District  of  the  Second  Representative 
District  of  Sussex  County,  and  the  polling  place  for  said  Second 
Election  District  shall  be  in  the  Town  of  Bridgeville  as  hereto- 
fore ;   all  on  the  north  side  of  said  dividing  line  shall  be  the  Third  Polling  place  of 
Election  District  of  the  Second  Representative  District  of  Sus-  ™jrdj^ctkm 
sex  County,  and  the  polling  place  for  said  Third  Election  District  at  Greenwood e 
shall  be  in  the  Town  of  Greenwood. 

Approved  March  30,  A.  D.  1911. 


196 


CHAPTER  55,  VOLUME  26. 

AN  ACT  changing  the  voting  place  in  the  Third  Election  District  of  the 
Tenth  Representative  District  of  Sussex  County. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the 
State  of  Delaware  in  General  Assembly  met: 

Voting  place  Section  1.     That  from  and  after  the  approval  of  this  Act, 

every  general  and  special  election  in  the  Third  Election  District 
of  the  Tenth  Representative  District  of  Sussex  County,  shall  be 
held  at  Westcott's  Shops  at  Westcott's  Corner  in  said  County, 
instead  of  Murray's  Shops  at  Murray's  Corner. 

Approved  March  24,  A.  D.  1911. 


197 


Laws  Relating  Especially  to 
Wilmington  Hundred 


CHAPTER  40,  VOLUME  21. 
AN  ACT  Creating  a  Department  of  Elections  for  the  City  of  Wilmington. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the 
State  of  Delaware  in  General  Assembly  met: 

Section  1.     That  for  the  objects  and  purposes  hereinafter  set 
forth  the  Governor  of  the  State  of  Delaware  shall  in  the  man- of  elections  of 
ner  and  at  the  times  and  for  the  terms  set  forth  in  Section  2  ofnmgton 
this  act  appoint  three  persons  of  the  City  of  Wilmington,  who 
shall  constitute  a  department  of  Elections  for  the  said  city  of 
Wilmington,  and  with  the  powers  and  duties  prescribed  in  the 
sections  following : 

Section  2 .     That  the  terms  of  office  of  the  present  members  Offices  of  pres- 
of  the  Department  of  Elections  for  the  City  of  Wilmington,  as  depa^men?8  c 
the  same  was  constituted  pursuant  to  the  provisions  of  Chapter continued 
39,  Volume  XIX,  Laws  of  Delaware,  shall  not    be  vacated,  but 
the  said  officers  shall  continue  during  the  orignal  term  thereof, 
and  said  members  shall  during  the  continuance  of  their  respective 
terms  be  members  of  the  Department  of  Elections  for  the  City 
of  Wilmington  created  by  this  act.     At  the  expiration  of  the  term 
of  office  of  the  said  member  which  shall  be  the  first  to  terminate 
and  biennially  thereafter  the  place  of  the  retiring  member  shall 
be  filled  by  appointment  by  the  Governor  for  the  term  of  six 
years.     No  person  shall  be  eligible  to  appointment  as  a  member 
of  said  Department  of  Elections  who  is  not  a  citizen  of  the  Ouaiifications 
United  States  of  America  and  a  resident  in  the  said  city  for0 
which  he  is  appointed,  and  who  has  not  resided  therein  for  a 
term  of  five  years  next  preceding  his  appointment.     No  member  Members  not  to 
of  said  Department  of  Elections  shall  hold  or  be  a  candidate  f or  Jg£esother 
any  elective  office  during  his  membership  in  said  department, 
nor  until  the  expiration  of  six  months  after  he  shall  have  ceased 
to  be  a  member  of  said  department.     When  any  vacancy  occurs 
in  said  department  by  or  from  any  cause  whatsoever,  the  Gov- 
ernor  aforesaid  shall  fill   the  unexpired  term  by  appointment, 
but  at  no  time  shall  all  the  members  of  said  department  be  of 


198 


pi°exk>cn  l  c°m"  the  same  political  faith  and  opinion.  Each  of  said  members 
shall  hereafter  before  entering  upon  his  duties  and  within  one 
month  from  the  time  of  his  appointment  take  and  subscribe 
and  file  in  the  office  of  the  Clerk  of  the  Peace  of  the  county  wherein 
he  resides  an  oath  or  affirmation  that  he  will  perform  the  duties 
of  his  office  with  fidelity  and  impartiality.  The  members  of  the 
Department  of  Elections  shall  meet  and  organize  said  Depart- 
ment of  Elections,  by  this  act  constituted,  by  selecting  one  of 
their  number  to  be  President,  whose  term  of  office  shall  continue 
for  one  year  from  the  date  of  such  organization,  when  and  bien- 
nially thereafter  the  said  Department  of  Elections  shall  select 
one  of  their  number  to  be  President.  Each  member  of  the 
Department  of  Elections  shall  receive  as  compensation  for  his 
services  in  any  year  in  which  there  is  held  a  general  or  special 
election  a  salary  of  five  hundred  dollars,  said  compensation  to 
be  paid  as  hereinafter  provided. 


Organization 


Officers 


Compensation 


Duties  of  de-         Section  3.     The  duties  of  the  members  of  the  Department  of 
partment         Elections,   shall  be  as  follows: 


Division  of  city         I.     They  shall,  on  or  before  the  first  day  of  June  next,  pre- 

districSctl°n     ceding  the  time  of  the  first  registration  held  under  the  provisions 

of  this  act,  and  in  every  sixth  year  thereafter,  on  or  before  the 

first  day  of  June,  divide  the  city  into  as  many  election  districts 

as  they  shall  deem  necessary,  and  shall  establish  the  boundaries 

Number  of  yot- thereof .      Provided  that  each  election  district  shall  contain  as 

ers  in  district  ,1,1  111  1  . 1 

near  as  may  be,   not  more  than  three  hundred,   nor  less  than 
withSfone  rep-  one  hundred  qualified  voters.     And  further  provided,  that  each 
resentative  dis-  of  sajd  election  districts  shall  be  entirely  within  the  boundaries 
of  one  representative  district.     And  on  or  before  the  first  day  of 
June  A.    D.   nineteen  hundred,   and  biennially  thereafter,  said 
department  of  elections  may  divide  such  of  the  election  districts, 
and  such  only  as,  by  the  election  last  preceding  such  division, 
shall  be  found  to  contain  a  greater  number  of  voters  than  can 
conveniently  vote  therein.      They  shall  also  designate  each  of 
Designations     said  election  districts  by  appropriate  titles  or  distinctions. 


Subsequent 
divisions 


Dismissal   of 
Registrars 


Employees 


Limit  of  ex- 
pense 


II.  They  shall  have  power  to  dismiss  any  Registrar  at  any 
time  and  supply  his  place  with  another  person.  They  may  also 
employ  a  clerk,  counsel  and  such  other  assistants  as,  in  the  judg- 
ment of  the  members  of  said  Department  of  Elections,  shall  be 
necessary  and  proper  for  the  faithful  performance  by  it  of  the 
duties  by  this  act  imposed;  provided  the  expense  thereof  shall 
not  exceed  fifteen  hundred  dollars  in  any  one  year  in  which  the 
general  election  is  held,  which  said  sum  shall  not  include  the 
compensation  of  members  of  the  Department  of  Elections  and 
Registrars,  to  be  paid  upon  warrants  of  the  president  of  the 
Department  of  Elections  in  the  same  manner  as  is  provided  for 


199 

the   payment   of   the   legal   compensation   of   members   of   said  HOW  paid 
Department  of  Elections. 

III.  They  shall,  hereafter,  appoint  all  registrars  in  the  City  Appointment 
of  Wilmington,  and  shall  make  all  necessary  removals  of  regis-  RemoS^ 
tration  officers,  and  fill  all  vacancies  which  from  any  cause  occur,  vacancies 


IV.     They  shall  in  the  month  of  June,  in  each  year  in  which  o 
a  general  election  is  held,  appoint  for  each  election  district  in  the  officers 
City  of  Wilmington  three  capable  persons,  who  shall  be  voters 
and  residents  in  the  Election  District,  for  which  they  shall  be 
appointed,  who  shall  be  the  registration  officers  of  the  election  Qualifications 
district  for  which  they  are  appointed;    one  of  whom  shall  be 
designated  as  "Registrar",  and  the  other  two  "Assistant  Regis- 
trars", and  not  more  than  two  of  them  shall  be  of  the  same  politi- 
cal faith  ;   provided,  that  the  total  number  of  registration  officers  Politics 
in  each  representative  district,  shall  be  divided  as  equally  as  possi- 
ble between  the  two  leading  political  parties,  as  the  same  shall 
be  determined  upon  by  the  department  of  elections  at  the  time 
of  making  the  appointments.     And  further,  for  each  appointment      . 
accredited  to  any  political  party  under  this  section  the  City  tween  parties 
Executive  Committee  of  such  political  party  shall  furnish  the 
Department  of  Elections  on  or  before  the  first  day  of  June  of  the 
year  in  which  said  appointment  is  to  be  made,  a  list  of  three  Furnishing  of 
names  of  properly  qualified  persons,  from  which  list  the  Depart-  Ksts,  for  officers 
ment  of  Elections  shall  make  its  appointments.  Time 


Provided,  however,  that  if  the  said  lists  of  names  are  not 
furnished  as  aforesaid,  then  and  in  that  event  the  Department  De  artment 
of  Elections  shall  appoint  some   suitable  person,  or  persons,  ofseSX 
such  political   party  having  all  the   qualifications  provided  by 
this  section. 


Provided,  however,  that  in  the  case  of  the  Registration  offi- 
cers  to  be  appointed  in  this  present  year,  eighteen  hundred  and  officers  for 
ninety-eight,  the  appointment  of  the  said  Registration  officers 
shall  be  made  some  time  between  Saturday,  the  eleventh  day  of 
June,  and  Saturday,  the  twenty-fifth  day  of  June  in  said  year; 
and,  provided  further,  that  the  lists  of  names  to  be  furnished  by 
the  City  Executive  Committee  from  which  the  appointments  of 
such  Registration  officers  shall  be  made  with  regard  to  those  to 
be  appointed  in  the  year  aforesaid  shall  be  furnished  not  later 
than  Saturday,  the  eleventh  day  of  June  in  the  year  aforesaid. 


The  terms  of  office  of  such  Registration  officers  shall  begin  s  of 

on  the  first  Tuesday  in  July  next  after  their  appointment  and 
shall  continue  for  two  years  thereafter,  and  until  their  successors 


200 


Term 


shall  be  duly  chosen  and  qualified,  unless  sooner  removed  as 
provided  in  this  act. 


V.  They  shall  also  when  appointing  Registration  officers 
for  the  several  election  districts  of  the  City  of  Wilmington  at 
the  same  time  appoint  in  each  election  district  in  the  said  City 
one  capable  person,  who  shall  be  a  voter  and  resident  in  the  elec- 
tion district  for  which  he  shall  be  appointed,  to  be  "Alternate 
Term  of  office  Registrar"  for  the  said  election  district.  The  term  of  office  of 
said  "Alternate  Registrar"  shall  be  the  same  as  that  of  the  Reg- 
istrar, and  whenever  the  Registrar  provided  for  by  this  act  shall 
be  incapable  from  any  cause  -whatsoever  of  performing  the  duties 
required  of  him  by  the  laws  of  this  State,  the  Alternate  Regis- 
trar in  the  same  election  district  shall  act  in  his  stead,  and  while 
acting  shall  possess  all  the  powers  and  do  and  perform  all  the 
duties  of  a  Registrar. 


Alternate 
Registrar 


When  to  sit 


Powers  and 
duties 


When  Alternate 
not  to  act 


Vacancies 


VI.  But  nothing  herein  contained  shall  authorize  or  em- 
power the  Alternate  Registrar  to  act  at  any  time  when  there  is 
a  Registrar  of  the  election  district  able  and  willing  and  present 
to  act.  If  any  Registration  officer  or  Alternate  Registrar  shall 
remove  from  the  election  district  for  which  he  shall  be  appointed, 
or  shall  cease  to  be  a  voter  therein,  his  office  shall  thereupon 
become  vacant. 


Vacancies  ir 
Registration 
office 


VII.  If  any  vacancy  or  vacancies  should  occur  in  the  office 
of  Registrar,  Assistant  Registrar  or  Alternate  Registrar,  before 
the  expiration  of  such  term,  from  any  cause  whatsoever,  the  said 
Department  of  Elections  shall  appoint  some  suitable  person  or 
persons  to  fill  such  vacancy  or  vacancies  who  shall  serve  for 
the  residue  of  such  unexpired  term  or  terms,  who  shall  possess 
the  same  qualifications  and  be  qualified  in  the  same  manner, 
possess  the  same  powers  and  perform  the  same  duties  as  the 
original  appointee  or  appintees.  Each  Registrar,  Assistant  Reg- 
istrar and  Alternate  Registrar  before  entering  upon  the  duties 
of  his  office,  shall  take  and  subscribe  before  the  Clerk  of  the 
Peace  of  the  county  in  which  he  shall  reside  the  following  oath 
°?Hon°fofficee?sS~  or  affirmation  which  the  said  Clerk  of  the  Peace  is  hereby  author- 
ized to  administer: 


How  filled 


Term   of 
appointee 


Form 


"I,   residing  in Election 

District  of   Representative  District  in 

County,  do  solemnly  swear  (or  affirm)  that  I  will 

support  the  Constitution  of  the  United  States,  and  the  Consti- 
tution of  the  State  of  Delaware,  and  that  I  will  faithfully  dis- 
charge the  duties  of  the  office  of 'Registrar  (Assistant  Registrar 

or  Alternate  Registrar)  for    Election  District  in 

Representative  District  in County 


201    . 

faithfully,  honestly,  fairly,  impartially  and  according  to  the  best 
of  my  ability;  that  I  am  a  citizen  of  the  United  States  and  of 
the  State  of  Delaware,  and  am  not  a  candidate  for  any  office  to 
be  voted  for  by  the  election  district  for  which  I  am  appointed 
Registrar  (Assistant  Registrar  or  Alternate  Registrar),  and  that 
I  am  a  qualified  voter  in  said  election  district." 

VIII.     Should  the  said  Registrar,   Assistant   Registrars   or 
either  of  them  or  Alternate  Registrar  after  taking  said  oath  and  to  vacate  office 
before  entering  upon  the  active  duties  of  the  said  office  become 
a  candidate  for  any  office  to  be  voted  for  by  the  electors  of  the 
election  district  for  which  he  is  appointed  Registrar,  Assistant 
Registrar  or  Alternate  Registrar,  the  said  office  shall  ipso  facto  HOW  filled 
become  vacant  and  be  filled  by  the  appointment  of  another  per- 
son to  the  same.      After  any  Registrar,  Assistant  Registrar,  or 
Alternate  Registrar  shall  have  entered  upon  the  active  duties  of  officers  to  be 


his  office  he  shall  thereby  become  ineligible  to  any  office  to  be^igiWe_to  be 
voted  for  at  the  next  ensuing  general  election. 


voted  for 


Section  4.     Each  and  every  person  appointed  as  aforesaid  JJSf and 
to  act  as  Registrar,  Assistant  Registrar  or  Alternate  Registrar  tying 
shall  qualify  as  such  Registrar,  Assistant  Registrar  or  Alternate 
Registrar  by  taking  and  subscribing  the  oath  or  affirmation  pre- 
scribed in  the  preceding  section  within  ten  days  after  being  noti- 
fied of  his  appointment  and  shall  perform  the  duties  of  the  office 
for  the  time  for  which  he  was  appointed,  unless  he  shall  become 
disqualified  by  sickness  or  otherwise.     But  any  Registrar,  Assis- 
tant Registrar  or  Alternate  Registrar,  who  shall  be  appointed  to  Appointees  to 
fill  a  vacancy,  shall  qualify  forthwith.      And  if  any  Registrar,  qSifyief0rth- 
Assistant  Registrar  or  Alternate  Registrar,  who  being  appointed™1* 
either  for  a  full  term  or  to  fill  a  vacancy,  shall  refuse  to  qualify  Refusal  to 
as  aforesaid,  or  having  qualified,  shall  fail  or  refuse  to  perform qualify 
any  of  the  duties  of  said  office,  he  shall  forfeit  and  pay  to  the 
State  a  fine  of  one  hundred  dollars,  upon  conviction  thereof  by 
indictment  in  the  Court  of  General  Sessions  of  the  county  where  Penalty      v 
such  offense  was  committed. 

The  Department  of  Elections  shall  deliver  a  certificate  of  Certificate  of 
appointment  to  whomsoever  it  shall  appoint  and  who  shall  beap 
sworn  into  office  as  Registrar,  said  certificate  to  be  in  such  form  Form  of 
as  shall  be  prescribed  by  such  Department  of  Elections,  speci- 
fying the  election  district  in  and  for  which  the  person  to  whom 
the  same  is  issued  is  appointed  to  serve,  and  the  date  of  the 
expiration  of  his  term  of  office.     The  Department  of  Elections 
shall  have  full  power  and  authority  to  remove  any  of  the  regis-  Removal  of 
tration  officers  appointed  by  them  as  aforesaid  for  want  of  requi- 
site  qualification  or  cause,  but  in  either  of  such  case  such  removal, 
unless  made  while  the  Registrars  are  actually  on  duty,  on  a  day 


202 

of  registration,  and  for  improper  conduct  as  a  registration  officer, 
shall  only  be  made  after  notice  in  writing  to  the  officer  sought 
to  be  removed,  which  notice  shall  set  forth  clearly  and  distinctly 
the  reasons  for  removal.  Any  person  appointed  to  fill  any 
vacancy  shall  serve  for  the  unexpired  term  of  the  person  whose 
office  he  is  appointed  to  fill. 

The  registration  officers   during   the   time  they   hold   such 
officers  office  shall  be  exempt  from  the  performance  of  military  and  jury 

Disqualification  duty,  and  no  person  who  by  the  laws  of  the  State  is  exempt 
Registratioif  from  jury  duty  shall  be  required  to  serve  as  registration  officer. 

officers 

office  of  DC-  Section  5.  The  said  Department  of  Elections  may  rent 
Sections  °  some  suitable  and  convenient  place  in  the  said  city,  and  fit  up 

the  same  for  an  office  for  the  use  of  the  said  Department  of  Elec- 
Limit  of  rent  tions  at  a  yearly  rental  not  to  exceed  three  hundred  dollars,  to 

be  paid  upon  warrants  of  the  President  of  the  Department  of 

1  1  b  Elections  in  the  same  manner  as  is  provided  for  the  payment  of 

Pa°id  r€          e  the  legal  compensation  of  members  of  said  Department  of  Elec- 

tions. 

Time  of  pay-         Section  6.     The  legal  compensation  of  all  members  of  the 

ment    of    com-  .._.  .    _..       .  .   c          1111  •  1  1  11 

pensation  of  Department  ot  Elections  shall  be  paid  quarterly,  on  the  last 
pTrTmenStof  [e'  days  of  March,  June,  September  and  December,  by  the  State 

Treasurer  out  of  any  money  belonging  to  the  State,  not  other- 

wise appropriated. 

Neglect  of  duty         Section  7.     If  any  members  of  the  Department  of  Elections 

or     corrupt     or      .  .     J  1    .          ,  .  1111  •-,.  r 

fraudulent        of  whom  any  duty  is  required  in  this  act,  shall  be  guilty  of  any 

members  of      wilful  neglect  of  such  duty,  or  of  any  corrupt  or  fraudulent  con- 

department       duct  or  practice  in  the  execution  of  the  same,  he  shall  on  con- 

viction thereof,  be  adjudged  guilty  of  a  misdemeanor  and  shall 

be  punished  by  imprisonment  in  the  county  jail  for  not  more 

than  two  years,  or  by  a  fine  of  not  more  than  two  hundred  dollars, 

or  both. 

notif?Att£nly  Section  8.  It  is  hereby  made  the  special  duty  of  the  Depart- 
Generai  of  vio-  ment  of  Elections  to  notify  the  Attorney  General  of  all  violations 

lations  of  act 


Section  9.     All  acts  and  parts  of  acts  supplied  by  or  incon- 
sistent with  this  act  are  hereby  repealed. 

Approved  May  20,  A.  D.  1898. 


203 


CHAPTER  41,  VOLUME  21. 

AN  ACT  More  Clearly  Defining  the  Duty  of  the  Department  of  Elections 
in  the  City  of  Wilmington. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the 
State  of  Delaware  in  General  Assembly  met: 

Section  1.     That  the  Department  of  Elections  in  the  City  Powers  and 
of  Wilmington  shall  have  and  exercise  all  the  powers  and  privi-  K^artmenf  of 
leges  in  respect  to  elections,  which  shall  hereafter  be  held  in  said  Elections 
city,  which  the  Department  of  Elections  had  and  possessed  by 
virtue  of  an  Act  of  General  Assembly,  entitled  "An  Act  to  pro- 
vide for  the  Registration  of 'Voters  in  the  City  of  Wilmington," 
passed  at  Dover,  May  13,  A.  D.  1891,  shall  select  election  places 
in   the   respective    districts,    appoint    all    election   officers   with 
power  to  remove  the  same,  and  have  all  other  powers  and  privi- 
leges exercised  and  possessed  by  said  Department  of  Elections, 
in  respect  to  elections  under  this  act. 

Section  2.     Nothing  in  this  act  shall  be  construed  to  repeal  Not  to  impair 
or  impair  any  act  or  part  of  an  act  passed  by  the  present  session0*1 
of  the  General  Assembly. 

Approved  June  1,  A.  D.  1898. 


204 


CHAPTER  70,  VOLUME  22. 

AN  ACT  in  Relation  to  the  Department  of  Elections  for  the  City  of  Wil- 

mington. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the 
Department  of  State  of  Delaware  in  General  Assembly  met: 

Elections  to  be 
increased  to  five 

Section  1.  That  the  Department  of  Elections  for  the  City 
of  Wilmington,  as  established  and  constituted  by  Chapter  39, 
Volume  19,  Laws  of  Delaware,  as  constituted  and  created  by 
Chapter  40,  Volume  21,  Laws  of  Delaware,  be  and  the  same  is 
hereby  enlarged  to,  and  made  to  consist  of  five  members,  for  all 
Governor  to  ap-  general  or  special  elections  to  be  hereafter  held  in  said  City. 

point  two  suit-  ° 
able  persons 

Section  2.     That  the  Governor  be  and  he  is  hereby  author- 

ized and  empowered  to  appoint  and  commission  two   suitable 

One  for  two     persons,  residents  of  the  City  of  Wilmington,  to  be  members  of 

threres'yearesf°r  the  said  enlarged  Department  of  Elections  for  the  City  of  Wil- 

mington. 


Govlmor  to  ap-  *Section  3.  That  the  term  of  office  of  one  of  the  said  two 
three  ylars  members  shall  be  for  two  years  and  the  term  of  the  other  and 

remaining  members  shall  be  three  years,  and  at  the  expiration 
Powers  of  of  said  two  terms  and  thereafter  every  three  years,  the  Governor 

snaU  appoint  suitable  persons  to  succeed  the  said  members  for 

the  term  of  three  years. 

Section  4.     That   the   members   so   appointed    shall    have, 

Duties  and  .  ..  in  ..  ,1          •    1  j_ 

compensations  possess,  enjoy  and  exercise  all  and  every  the  nghts,  powers,  and 
privileges  which  are  now  held,  possessed,  enjoyed  and  exercised 
by  the  present  members  of  said  Department  and  vested  in  them 
by  law,  and  shall  perform  each  and  every  duty  which  the  present 
members  of  said  Department  are  now  required  to  perform  by 
law;  and  they  shall  each  receive  the  same  compensation  as  now 
fixed  by  law  for  the  other  three  members,  which  shall  be  paid 
by  the  State  Treasurer,  at  the  same  time  and  in  the  same  way 

Board  to  con-  as  now  provided  by  law  for   the  payment  of  the  compensation 

sist  of  five  .  J  ,  -;  <•        •  1   T-X  , 

members          oi  the  present  members  ot  said  Department. 

Section  5.  That  from  and  after  the  first  day  of  April,  A. 
D.  1  90  1,  the  Department  of  Elections  shall  consist  and  be  com- 
posed of  five  members,  to  wit:  the  three  members  who  are  now 

*  Amended.     See  Chapter  74,  Volume  24. 


205 

members  of  said  Department  and  the  two  members  appointed 
by  the  Governor;  and  the  said  five  members  shall  constitute 
the  Department  of  Elections  for  the  City  of  Wilmington. 

The  Department  of  Elections  for  the  City  of  Wilmington Jurisdiction  of 
so  constituted  as  aforesaid,  shall  have  a  full  and  complete  juris- 
diction over  all  and  even7  the  matters  and  things  now  vested  by 
law  in  the  Department  of  Elections  for  the  City  of  Wilmington, 
as  at  present  constituted,  and  shall  exercise  every  power,  privi- 
lege, right  and  duty  which  now  belongs  to  the  said  Department 
of  Elections  for  the  City  of  Wilmington,  as  fully  and  completely 
as  the  said  Department  of  Elections  now  by  law  is  authorized 
to  do. 

Section  6.     That  the  Department  of  Elections  for  the  City  Organization  of 
of  Wilmington,  so  constituted  as  aforesaid,  shall  meet  for  organi- 
zation on  the  first  Tuesday  in  April,  A.  D.  1901,  and  after  taking 
the  oath  of  office  prescribed  by  the  Constitution  of  the  State, 
shall  proceed  to  elect  one  of  their  number  to  be  the  president  of 
the  Department  and  shall  also  elect  a  clerk.      Three  members 
shall  be  sufficient  for  the  purpose  of  organization  and  shall  con- 
stitute a   quorum   for  the  transaction  of  business.      The  said  TO  make  rules 
Department  shall  have  the  power  to  make  rules  for  its  govern- for  goven 
ment  not  inconsistent  with  the  Constitution  and  Laws   of   the 
State. 

Section  7.     That  it  shall  be  the  duty  of  the  present  Depart- 
ment of  Elections  for  the  City  of  Wilmington,  and  every  mem- 
ber thereof,  and  every  officer,  clerk  or  agent  thereof,  and  every  AH  records, 
other  person  having  possession  or  control  of  any  records,  books,  SuJr^STdo- 
papers,  or  other  property  of  or  relating  to  or  connected   with  | j^rted  to  Pres~ 
said  Department  of  Elections,  immediately  after  the  organiza- 
tion of  the  Department  created  by  this  Act,  to  surrender  and 
deposit  the  same  with  the  President  of  the  Department  elected 
pursuant  to  the  provisions  of  Section  Six  of  this  Act,  or  with 
such  other  person  as  the  said  President  shall  order  and  direct. 
And  in  case  the  said  members,  officer,  clerk  or  any  other  person 
having  possession  as  aforesaid,  shall  neglect  or  refuse  on  demand 
of  the  said  President  to  be  elected  as  aforesaid,  to  deliver  up 
and  surrender  any  such  records,  books,  papers  or  other  prop- 
erty as  aforesaid,  each  and  every  person  neglecting  or  refusing 
as  aforesaid,  shall  be  guilty  of  a  misdemeanor  and  upon  convic- 
tion thereof,  shall  forfeit  and  pay  a  fine  of  five  hundred  dollars,  Penalty 
and  be  imprisoned  for  a  term  of  one  year,   or  until  the  said 
records,  books,  papers  or  other  property  shall  be  delivered  into 
the  custody  of  the  said  President. 

Section  8.  That  all  Acts  or  parts  of  Acts  inconsistent  here- 
with or  manifestly  superceded  hereby,  be  and  the  same  are  hereby 
repealed. 

Approved  March  8,  A.  D.  1901. 


206 


CHAPTER  74,  VOLUME  24. 

AN  ACT  Making  the  Terms  of  Office  of  All  Members  of  The  Department 
of  Elections  for  the  City  of  Wilmington,  hereafter  Appointed  to  said  Office 
for  Full  Terms  under  Chapter  70,  Volume  22,  Laws  of  Delaware,  Six 
Years. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the 
State  of  Delaware  in  General  Assembly  met: 

Section  1,     That,  from  and  after  the  approval  of  this  Act, 
of  Elections  of  the  terms  of  office  of  all  members  of  the  Department  of  Elections 
m?nygtot  ^Jiade  for  the  City  of  Wilmington,  hereafter  appointed  to  said  office 
six  years         for  f^  terms,  under  Chapter  70,  Volume  22,  Laws  of  Delaware, 
shall  be  six  years,  and  said  appointments  shall  be  so  made:  pro- 
vided, however,  that  all  appointments,  hereafter  made  to  said 
office  under  said  Chapter  70,  Volume  22,   Laws  of  Delaware, 
to  fill  vacancies  therein,  shall  be  made  for  the  residue  of  the  then 
unexpired  term. 

Section  2.     That  all  provisions  of  Law  inconsistent  here- 
with, be  and  the  same  are  hereby  repealed. 

Approved  March  9,  A.  D.  1907. 


207 


CHAPTER  75,  VOLUME  24. 

AN  ACT  to  Authorize  the  Submission  to  the  People  of  Wilmington  of  Ques- 
tion of  Public  Policy  in  Connection  with  the  Affairs  of  the  said  City. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the 
State  of  Delaware  in  General  Assembly  met  (two-thirds  of  all  the 
members  elected  to  each  house  concurring  therein}: 


Section  1.     On   application   addressed   to   the    Mayor 
Council  of  Wilmington,  signed  by  citizens  of  the  City  of  Wil-  Wilmington 
mington,  qualified  to  vote  at  the  last  preceding  election  for  the 
Mayor  of  the  said  city,   aggregating  in  number  not  less  than 
ten  'per  centum  of  the  whole  number  of  votes  cast  at  such  elec-  vote 
tion  for  such  Mayor,  asking  for  the  submission  to  the  people  of 
the  said  city  of  any  question  relating  to  the  affairs  of  the  said 
city,  for  an  expression  of  opinion  thereon,  such  question  shall  be 
placed  before  the  people  at  the  next  City  Election.     Every  per- 
son signing  any  such  application  shall  put  or  have  put  after  his 
signature  the  designation  of  the  election  district  in  the  said  city 
in  which  he  was  qualified  to  vote  at  the  last  preceding  election 
for  Mayor  of  said  city. 

Section  2.     Such  application  shall  be  filed  with  the  Mayor  ^n  and 
at  least  sixty  days  before  the  election  at  which  such  question  is  where 
to  be  submitted,  and  the  person  signing  such  applications  shall 
be  considered  prima  facie  as  citizens  qualified  to  vote  at  the  last 
preceding  election  for  the  Mayor  of  the  said  City. 

Section  3.  It  shall  be  the  duty  of  the  said  Mayor,  not  less  May°r«  duty  of 
than  twenty  days  before  the  city  election  at  which  the  said  ques- 
tions are  to  be  submitted,  to  transmit  the  same  to  the  persons 
who  may  then  have  the  duty  of  preparing  ballots  for  the  said 
election;  and  it  shall  be  the  duty  of  such  persons  to  prepare 
separate  ballots  to  be  used  at  the  said  election,  containing  the  Ballots,  form  of 
question  so  to  be  submitted  as  aforesaid,  with  the  words  "yes" 
and  "no"  printed  at  the  foot  of  such  ballot;  that  is  to  say,  fol- 
lowing the  question  to  be  voted  upon  as  it  appears  upon  the 
ballot,  the  words  "Yes"  and  "No"  shall  appear  in  the  following 
form: 


Yes..  No 


Any  person  qualified  to  vote  at  such  City  Election  may  cast  HOW  marked 
a  vote  in  favor  of  such  question  by  placing  a  cross  opposite  tho 
word  "yes"  and  any  such  person  desiring  to  vote  against  the 
same  may  do  so  by  placing  a  cross  opposite  the  word  "no", 


208 


HOW  canvassed  Section  4.  The  said  ballots  shall  be  prepared,  counted,  can- 
vassed and  returned  in  the  same  way  as  provided  by  law  in  rela- 
tion to  ballots  cast  at  the  said  City  Election. 

separate  ballot  Section  5.  It  shall  be  the  duty  of  the  persons  so  required 
by  law  to  furnish  ballot  boxes  to  be  used  at  the  City  Election, 
to  furnish  a  separate  ballot  box  for  each  election  district  in  said 
city,  in  which  separate  ballot  box  the  ballots  herein  provided  for 
shall  be  cast,  and  the  said  ballots  shall  not  be  commingled  with 
the  other  ballots  used  at  such  City  Election. 


Section  6.     It  shall  be  the  duty  of  the  election  officers  in 
each  election  district  in  the  said  city  to  count  the  said  ballots 
after  the  same  have  been  cast,  and  to  make  return  thereof  in  all 
respects  as  provided  by  law  in  relation  to  ballots  cast  at  the  said 
City  Election,  provided,  however,  that  the  number  of  ballots  cast 
for  or  against  the  said  question  shall  be  entered  upon  separate 
Certificates  of  sheets  to  be  furnished  for  that  purpose.      Certificates  showing 
results  the  resuit  Of  fae  said  vote,  shall  be  made  in  the  manner  as  now 

provided  by  law  in  relation  to  certificates  of  the  vote  cast  at  the 
City  Election,  which  certificates  shall  be  certified,  returned  and 
delivered  in  all  respects  as  now  provided  by  law  in  relation  to  the 
City  Election. 

Expenses  to  be         Section  7.     The  expense  of  printing  said  ballots,  procuring 
paid  by  city     the  ballot  boxes,  and  all  expenses  connected  with  the  taking  of 

the  said  vote  shall  be  borne  as  is  provided  in  relation  to  other 

expenses  incurred  at  the  said  City  Election. 

Approval  of  Section  8.     Should  any  question  submitted  to  the  qualified 

submSteTby    electors  of  the  City  of  Wilmington,  as  provided  in  this  Act,  receive 

ofe§t™Councii  a  majority  of  the  votes  cast  thereon  at  the  said  election,  and  the 

etc.  'subject  be  within  the  corporate  powers  of  the  said  Mayor  and 

Council  of  Wilmington,  or  of  any  department  or  branch  thereof, 

then  it  shall  be  the  duty  of  the  City  Council,  or  of  any  commis- 

sion or  any  other  official  or  officials  of  the  City  of  Wilmington 

having  jurisdiction  therein,  to  adopt,  without  unnecessary  delay, 

such  ordinances,  rules  or  regulations  as  may  be  necessary  for 

putting  into  effect  the  popular  will  thus  expressed.     The  failure: 

Penalty  for      of  any  member  of  such  City  Council  or  Commission,  or  of  any- 

duty  imposed    official  of  said  City  to  perform  any  duty  herein  imposed  upon 

him,  or  the  obstruction,  hinderance,  or  delay  by  him  of  the  adop- 

tion of  any  ordinance,  rule  or  regulation  as  herein  provided  for, 

shall  be  deemed  a  misdemeanor  and  be  punishable  by  a  fine  at 

the  discretion  of  the  trial  court. 

Conviction  to  Conviction  of  such  an  offense  shall  operate  to  remove  the- 


operate  as  oust- 


er from  office  "  person  so  convicted  from  any  municipal  office  he  then  holds, 
and  render  him  uneligible  to  hold  any  position  as  an  official  or 


209 

employee  of  the  City  of  Wilmington  for  a  period  of  five  years 
from  the  date  of  such  conviction. 

Approved  March  9,  A.  D.  1907. 


"CHAPTER  30,  VOLUME  17. 

AN  ACT  Providing  for  the  Election  of  Three  Assessors  for  Wilndngtofl 

Hundred. 

Section  1.     That  for  the  purpose  of  more  convenient  assess-  Thrf  ,. 
ment  of  persons  and  property  in  Wilmington  Hundred  of  the™ 
County  of  New  Castle,  the  said  hundred  shall  be  divided  into 
three  assessment  districts,  as  follows; 


(The  first  assessment  district  of  said  hundred  shall  consist  ^p.  -svvoi.  2$ 
of  so  much  of  said  hundred  as  is  contained  or  comprised  within 
the  limits  of  the  (First  Representative  District)  of  the  City  of 
Wilmington,  as  the  said  wards  are  now  laid  out,  or  as  the  said 
wards,  or  either  of  them,  may  be  hereafter  extended  or  enlarged  Soft's2  o 
by  act  of  the  General  Assembly. 

"The  second  assessment  district  of  the  said  hundred  shall  of 

consist  of  so  much  of  said  hundred  as  is  contained  or  comprised 
within  the  limits  of  the  (Second  Representative  District)  of  the 
City  of  Wilmington,  as  the  said  wards  are  now  laid  out,  or  as  the  Chap.  27,  Vol. 
said  wards,  or  either  of  them,  may  be  hereafter  extended  or21 
enlarged  by  act  of  the  General  Assembly.    • 

"The  third  assessment   district  of  the  said  hundred  shall  Limit  ^  thw 
consist  of  so  much  of  said  hundred  as  is  contained  or  comprised 
within  the  limits  of  the  (Third  Representative  District)  of  the  ftep,  27,  Voi, 
(City  of  Wilmington,  as  the  said  wards  are  laid  out,  or  as  the 
said  wards  or  either  of  them,  may  be  hereafter  extended  or  enlarged  ^h-ap-.  ?7*  v<^' 
by  act  of  the  General  Assembly.")      (And  all  that  portion  of  the" 
said  hundred  comprised  within  the  limits  of  the  Fourth  Repre-. 
sentative  District  of  the  said  city,  as  now  laid  out  and  established 
by  law,  shall  be  the  Fourth  Assessment  District,  and  all  that 

*  This  act  has  been  amended  without  a  proper  knowledge  of  its  provisions  and  is  so  full 
.of  inconsistencies  that  it  will  require  further  amendment  to  cure  its  many  defects. 


210 


Elections 
When  held 


Qualifications 
of  voters 


Qualifications 
of  assessors 


portion  of  the  said  hundred  comprised  within  the  limits  of  the 
Fifth  Representative  District  of  the  said  city,  as  now  laid  out 
and  established  by  law,  shall  be  the  Fifth  Assessment  District.) 

Section  2.  That  an  election  for  the  purpose  of  choosing  an 
assessor  for  each  of  said  assessment  districts  shall  be  held  at  the 
time  and  in  the  manner  prescribed  by  Chapter  17  of  the  Revised 
Statutes  of  this  State,  pursuant  to  the  laws  now  in  force  as  to  the 
election  of  county  officers  in  the  City  of  Wilmington. 

Section  3.  That  every  citizen  qualified  to  vote  for  inspector 
of  an  election  district  in  the  said  hundred  of  Wilmington  may 
vote  for  an  assessor  of  the  assessment  district  within  which  such 
election  district  is  comprised,  and  no  persons  shall  be  elected 
assessor  under  the  provisions  of  this  act  who  shall  not  at  the 
time  of  the  election  be  a  freeholder  within  Wilmington  hundred 
and  a  resident  in  the  assessment  district  for  which  he  shall  be 
elected. 


Certificates 


Meeting  of  Section  4.     Immediately  after  making  the  certificate  required 

by  Section  8  of  Chapter  19  of  the  Revised  Statutes  of  this  State, 

when  and  the  presiding  officers  and  judges  of  the  several  election  districts 
of  the  said  hundred  shall  assemble  in  the  City  Hall.  And  the 
presiding  officers  and  Judges  of  the  election  districts  comprised 
within  the  first  assessment  district  aforesaid,  as  laid  out  and 
established  by  the  first  section  of  this  act  shall  ascertain  the 
number  of  votes  given  for  assessors  in  the  said  election  district 

oYvorteainment  so  comprised  as  aforesaid,  and  the  candidate  having  the  highest 
number  of  votes  shall  be  declared  assessor  of  the  said  first  assess- 
ment district;  and  the  presiding  officers  and  judges  last  afore- 
said shall  make,  sign  and  deliver  certificates  of  said  election  in 
the  manner  prescribed  by  law  for  certifying  the  election  of  the 
assessors  of  the  several  hundreds.  And.  the  presiding  officers 
and  judges  of  the  election  districts  comprised  within  the  second 
assessment  district,  as  laid  out  and  established  by  the  first"  sec- 
tion of  this  act,  shall  ascertain  the  number  of  votes  given  for 
assessor  in  the  different  election  districts  so  comprised  as  afore- 
said, and  the  candidate  having  the  highest  number  of  votes  shall 
be  declared  duly  elected  assessor  of  the  said  second  assessment 
district;  and  the  presiding  officers  and  judges  last  aforesaid 
shall  make,  sign  and  deliver  certificates  of  said  election  in  the 
manner  now  prescribed  by  law  as  aforesaid.  And  the  presiding 
officers  and  judges  of  the  election  districts  comprised  within 
the  third  assessment  district,  as  laid  out  and  established  by  the 
first  section  of  this  act,  shall  ascertain  the  number  of  votes  given 
for  assessor  in  the  different  election  districts  so  comprised  as 
aforesaid,  and  the  candidate  having  the  highest  number  of  votes 
shall  be  declared  duly  elected  assessor  of  the  third  assessment 


211 

district;  and  the  presiding  officers  and  judges  last  aforesaid  shall 
make,  sign  and  deliver  certificates  of  said  election  in  the  manner 
now  prescribed  by  law  as  aforesaid.  If  two  candidates  for  the 
office  of  assessor  of  either  of  the  assessment  districts  hereby 
laid  out  and  established  shall  receive  the  highest  and  at  the 
same  time  an  equal  number  of  votes  the  presiding  officers  ofTie 
the  election  districts  comprised  within  the  assessment  district 
in  which  the  same  shall  happen  shall  agree  upon  and  give  a 
casting  vote. 

Section  5.  ****** 

Section  6.  ****** 

Section  7.  ****** 

Section  8.  ****** 

Section  9.     That  all  acts  or  parts  of  acts  inconsistent  here- 
with be  and  the  same  are  hereby  repealed. 

Passed  at  Dover,  April  6,  1883. 


CHAPTER  57,  VOLUME  23. 

AN  ACT  to  Amend  Section  17  of  Chapter  18  of  the  Revised  Code  of  1893, 
by  Providing  for  the  Opening  of  the  General  Election  in  the  City  of  Wil- 
mington, between  seven  and  seven-thirty  o'clock  in  the  nlorning. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the 
State  of  Delaware  in  General  Assembly  met: 

Section  1.     That  Section  17  of  Chapter  18  of.  the  Laws  of  Section  17, 
Delaware  as  published  in  the  Revised  Code  of  1893  be  and  theS^lS  code, 
same  is  hereby  amended  by  stirking  out  the  period  at  the  end  of  J^ve1  to6  tfme 
said  Section  and  inserting  the  following :    ' '  Provided  that  in  the  of  opening  polls 
City  of  Wilmington  the  general  election  shall  be  opened  between in 
seven  and  seven-thirty  o'clock  in  the  morning." 

Approved  March  20,  A.  D.  1905. 


212 


CHAPTER  43,  VOLUME  26. 

AN  ACT  to  further  amend  Chapter  35,  Volume  21,  Laws  of  Delaware,  being 
an  Act  entitled  "  An  Act  concerning  the  appointment  of  Registration  Offi- 
cers and  the  preparation  and  delivery  of  Registration  Books." 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the 
State  of  Delaware  in  General  Assembly  met: 

chapter  35,  Section  1.     That  said  Chapter  35,  Volume  21,  Laws  of  Dela- 

amended21  ware  be  and  the  same  is  hereby  amended  first,  by  inserting  in 
line  ten  of  paragraph  III  of  section  one  of  said  Chapter,  after 
the  word  "Registrar"  and  before  the  word  "before"  the  following 
words,,  viz.:  "appointed  for  an  election  district  outside  the  City 
of  Wilmington,"  second,  by  inserting  in  line  twelve  of  said  para- 
graph III  of  said  section  one  of  said  Chapter  after  the  word 
"reside"  and  before  the  word  "the"  the  following  words,  viz.: 
"each  Registrar,  Assistant  Registrar  and  Alternate  Registrar 
appointed  for  an  election  district  in  the  City  of  Wilmington 
before  entering  upon  the  duties  of  his  office,  shall  take  and  sub- 
scribe before  the  Department  of  Elections  for  the  City  of  Wil- 
mington." 


to         Section  2.     That  any  member  of  or  the  Clerk  of  said  Depart- 
oathT"'          ment  of  Elections  for  the  City  of  Wilmington,  is  hereby  authorized 
and  empowered  to  administer  such  oaths  or  affirmation;    pro- 
No  fee  to  be    vided  that  no  fee  be  charged  for  administering  such  oaths  or 
charged  affirmations. 

Acts    inconsis-         Section  3.     All  acts  and  parts  of  acts  inconsistent  with  the 
provisions  of  this  Act  are  hereby  repealed. 

Approved  March  20,  A.  D.  1911. 


213 


CHAPTER  45,  VOLUME  26. 

AN  ACT  to  amend  Chapter  36,  Volume  21,  Laws  of  Delaware,  being  an  act 
entitled  "  An  Act  providing  for  a  uniform  system  of  Registration  of  all 
Qualified  Voters  in  this  State." 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the 
State  of  Delaware  in  General  Assembly  met: 

Section  1.     That  Chapter  36,  Volume  21,  Laws  of  Delaware 
be  and  the  same  is  hereby  amended  by  changing  the  period 
the  end  of  Section  2  of  said  act  to  a  semicolon,  and  further  by 
adding  to  the  end  of  said  Section  2,  the  following: 


"provided,  however,  that  in  the  City  of  Wilmington,  the  ESt 
Department  of  Election  for  the  City  of  Wilmington,  shall  at  least  give  public 
ten  days  prior  to  the  first  day  set  for  the  purpose  of  Registra-  notlce 
tion  as  aforesaid,  give  the  public  notice  by  advertisements,-  posted 
in  ten  or  more  of  the  most  public  places  in  each  election  district, 
in  the  City  of  Wilmington,  of  the  places  where  the  registration 
officers  shall  sit  for  Registration  of  voters  as  aforesaid,  and  the 
day  or  days  when  they  will  sit  at  each  of  said  places." 

Section  2.  That  Section  6  of  said  Chapter  36,  Volume 
Laws  of  Delaware,  be  amended  by  changing  the  period  at 
end  of  Paragraph  III  of  said  Section  6  to  a  semicolon,  and  further 
by  then  adding  to  the  end  of  said  Paragraph  III  of  said  Section 
6,  the  following,  viz.  : 

"provided,  however,   that  in  the  City  of  Wilmington,  ttejJSrtJfSu  <* 

Department  of  Elections  for  the  City  of  Wilmington,  shall  within  %$%£***• 

one  week  after  the  third  sitting  of  the  registration  officers  as 

aforesaid,  cause  to  be  printed  not  less  than  twenty-five  copies 

of  the  alphabetical  lists  of  registered  voters  of  each  election  dis- 

trict in  the  City  of  Wilmington  as  contained  in  "Book  of  Reg- 

istered Voters,"   together  with  the  entries  opposite  the  names 

in  said  books,  and  shall  within  the  said.  week  cause  one  of  said 

printed  copies  of  each  of  said  lists  to  be  posted  in  at  least  ten 

of  the  most  public  places  in  the  election  district,  and  shall  useshaii  be  put>- 

the  remaining  copies  in  such  a  manner  as  in  their  judgment  will  hcly  posted 

be  most  likely  to  secure  publicity  and  general  inspection." 

That  Section  6  of  said  Chapter  be  further  amended  by  add- 
ing  at  the  end  of  said  Section  6  a  new  paragraph  as  follows: 


214 

tCoTfde0HveiSed         "  Five  copies  of  the  alphabetical  list  of  Registered  voters  for 
to  County       each  district  shall  immediately  be  delivered  to  the  County  Com- 
mittees of  each  of  the  two  leading  political  parties,  by  the  persons 
who  caused  the  same  to  be  printed." 

Approved  March  20,  A.  D.  1911 


CHAPTER  48,  VOLUME  26. 

AN  ACT  to  amend  Chapter  38,  Volume  21,  Laws  of  Delaware,  being  an  act 
entitled  "  An  Act  in  regard  to  General  Elections." 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the 
State  of  Delaware  in  General  Assembly  met: 

chapter  38,  Section  1.     That  Chapter  38,  Volume  21,  Laws  of  Delaware 

amended  be  and  the  same  is  hereby  amended  by  striking  out  of  said  act 
all  of  Section  3  thereof,  and  inserting  in  lieu  thereof  a  new  sec- 
tion to  be  known  as  Section  3  of  said  Act,  which  is  as  follows, 
viz.: 

sheriff  to  de-  Section  3.     The  Sheriff  of  each  county  shall  after  the  Twenty- 

liver  ballot  box-    ,  .     .,     ..  1   1      ,  ...        ~  ,11  f   r\    ^    i  j.i 

es,  list  of  offi- third  day  and  before  the  Twenty-seventh  day  of  October  in  the 
inTwat? outside  Year  °f  holding  the  General  Election  deliver  to  the  inspector 
mm  tofnWil"     °^  eSiC^-  e^ec'tion  district  or  other  officer  authorized  by  law  to 
hold  the  election  therein  (outside  of  the  City  of  Wilmington) 
two  suitable  ballot  boxes,  with  a  piece  of  tape  and  sealing  wax, 
together  with  a  list  of  all  the  officers  to  be  chosen  at  the  then 
next  General  Election,  written  or  printed  forms  of  tally  lists,  of 
certificates  of  election  in  said  election  district,  of  the  oath  or 
affirmation  of  the  inspector  or  other  person,  authorized  by  law 
to  hold  the  election  therein,  and  persons  to  be  taken  as  Judges 
of  Election,  and  also  of  the  clerks  who  shall  be  chosen  to  act  at 
such  election,  and  of  the  certificate  of  administering  such  oaths 
Oaths  or  affirmations,  with  printed  or  written  directions  as  to  correct- 

ing, completing  and  signing  such  oath  or  affirmation  and  cer- 
tificate of  administering  the  same,  and  shall  also  deliver  to  each 
cSty'of  wif      inspector  or  other  officer  authorized  by  law  to  hold  the  election 
mington          as  aforesaid  (outside  of  the  City  of  Wilmington)  a  book  of  blank 


215 

forms  of  oaths   (or  affirmations)  provided  for  in  Section  19  of 
this  Act. 

That  the  Department  of  Elections  for  the  City  of  Wilming- 
ton  shall  in  addition  to  the  registers  and  things  they  are  now  lot  boxes/ list  of 
required  by  law  to  furnish  to  the  inspectors  of  election  in  said0 
city  shall  between  the  Twenty-third  and  Twenty-seventh  days 
of  October  in  the  year  of  holding  the  General  Election  deliver 
to  the  inspector  of  each  election  district  or  other  officer  author- 
ized by  law  to  hold  the  election  therein,  in  the  City  of  Wilmington, 
two  suitable  ballot  boxes  with  a  piece  of  tape  and  sealing  wax 
together  with  a  list  of  all  the  officers  to  be  chosen  at  the  then 
next  General  Election,  written  or  printed  forms  of  tally  lists,  of 
certificates  of  election  in  said  election  district,  of  the  oath  or  affir- 
mation of  the  inspector  or  other  person  authorized  by  law  to 
hold  the  election  therein,  and  the  persons  to  be  taken  as  Judges 
of  Election,  and  also  of  the  Clerks  who  shall  be  chosen  to  act  at 
such  election,  and  of  the  certificate  of  administering  such  oaths 
or  affirmations  with  printed  or  written  directions  as  to  correct- 
ing, completing  and  signing  such  oath  or  affirmation,  and  cer- 
tificate of  administering  the  same,  and  shall  also  deliver  to  each 
inspector  or  other  officer  authorized  by  law  to  hold  the  election 
as  aforesaid,  in  the  City  of  Wilmington,  a  book  of  blank  form  of 
oaths  (or  affirmations)  provided  for  in  Section  19  of  this  Act.  Oaths 

Section  2.  That  Chapter  38,  Volume  21,  Laws  of  Delaware 
be  further  amended  by  inserting  in  the  third  line  of  Section  8 
thereof  after  the  word  "Sheriff"  and  before  the  word  "a"  the 
following:  "or  Department  of  Election  for  the  City  of  Wil- 
mington." 

Approved  April  4,  A.  D.  1911. 


216 


CHAPTER  56,  VOLUME  26. 

AN  ACT  fixing  the  compensation  of  Election  Officers  at  Municipal  Elections 
in  the  City  of  Wilmington. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the 
State  of  Delaware  in  General  Assembly  met: 

Compensation  Section  1.     From  and  after  the  approval  of  this  act  Judges 

Srs  of  Election,  Inspectors  of  Election  and  Poll  Clerks  shall  each  be 

entitled  to  receive  Five  Dollars  for  each  day's  service  rendered 

in  holding  a  municipal  election  in  the  City  of  Wilmington  and 

Three  Dollars  for  each  day's  service  rendered  for  duties  required 

of  them  or  any  of  them  on  any  other  day  than-  the  day  upon 

goM^appiy  to  wnich  such  Municipal  Election  is  held.      Nothing  in  this  Act 

Education        shall  be  construed  to  apply  to  elections  in  said  City  for  members 

of  jthe  Board  of  Education. 

Section  2.     All  Acts  and  parts  of  Acts  inconsistent  with 
the  provisions  of  this  Act  are  hereby  repealed. 

Approved  April  4,  A.  D.  1911. 


INDEX. 


A 

AGE— 

Not  entered  in  Registration  Book 34 

ALPHABETICAL  LIST— 

Printing  and  Posting 18 

Mutilation,  Defacement,  Pulling  Down  or  Destroying, 
Penalty 29 

ALTERNATE  REGISTRARS— 

(See  Registration  Officers.) 

When  to  Act 8 

When  not  to  Act 8 

To  have  Powers  and  Duties  of  Registrar 25 

Compensation  of 27 

APPEALS— 

From  Decision  of  Registration  Officers 21-35 

To  Resident  Associate  Judge :      21 

Notice,  Hearing,  Decision,  &c 21 

Sittings  of  Judges 21-35 

Notice  to  Registrar 21-23 

Attendance  of  Registrar 23 

ASSAULT,  RIOT,  &c.— 

At  Registration,  Penalty 29 

ASSESSORS— 

Election  of 140 

Time  and  Place  of  Holding,  Ballots,  &c 140 

Counting  of  Votes,  Tie 140 

Certificate  of  Election  of : 68 

(In  Kent  County.) 

Qualifications,  Election  of %. 141 

ASSISTANT  REGISTRAR— 

(See  Registration  Officers) 

To  make  all  Entries  in  Books 22 

ASSISTANCE— 

In  marking  Ballots 88 


ASSOCIATE  JUDGE— 

Appeals  to 21 

Sittings  to  hear  Appeal 21-22-24 

Orders 24 

ATTORNEY  GENERAL— 

Certificate  of  Election  of 67-70-76 

AUDITOR  OF  ACCOUNTS— 

Certificate  of  Election  of 67-70-76 

AUXILIARY  REGISTRAR— 

Appointment  of 31 

Qualification,  Bond,  Duties,  &c 31 

To  give  Notice  of  Time  of  Visiting  Camps 32 

To  Make  Separate  Lists 32 

To  Collect  Registration  Fee 32 

Return  to  Registration  Officers 32 

Compensation  of 33 

Registration  Fee  Abolished 36 

B 
BALLOTS— 

(See  Ballot  Law  of  1913.) 

Size,  Form,  Style  and  Color  of 96-105 

Arrangement  of 96 

Delivery  of 102 

Initials  of  Clerks 98 

Preparing  of,  alterations  and  changes,  folding,  deposit, 

&c 96-98 

Marked  ballot 96 

Counting 102 

Separation 102 

Collection  of 102 

Delivery  of,  to  Board  of  Canvass 102 

Double  ballots  not  returned 103-129 

Disposition  of 63 

Not  to  be  examined  by  Election  Officers 63 

What  received 63 

BALLOT  BOXES— 

See  Ballot  Law  of  1913 77  to  94 

Sheriff  to  make  and  deliver 54-92-214 

How  made,  size,  &c 55 

Examination  of,  before  election,  &c 61 

Custody  of 61 

Sealing  and  Securing 65 

Delivery  of,  to  Prothonotary 66 

Sheriff  to  keep 75 

Delivery  of,  to  the  Senate  and  House 76 


BALLOT  LAW  OF   1913— 

An  Act  to  further  provide  for  the  secrecy  and  purity  of 

the  ballot 77  to  94 

ASSISTANCE: — 

In  marking  ballot  by  invalids 88 

Office  of  Voter's  Assistant  abolished 89 

BALLOTS  : — 

Clerk  of  the  Peace  to  print 78 

Devices  on 79 

Arrangement  of 81-82 

Clerk  of  the  Peace  to  print  fifteen  ballots  for  every  voter  83 

To  print  additional  number  at  expense  of  political  parties  83 

To  print  in  addition  two  ballots  for  each  voter 83 

Delivery  of 85 

In  the  event  of  loss  of 85 

Number  of,  in  each  booth 86 

Other  methods  of  obtaining 88 

When  spolied  or  defaced 88 

Assistance  in  marking ^ 88 

Rules  for  marking 89-90 

Distinguishing  mark  on 90 

Directions  for  counting 91 

Refusal  of  Clerk  of  the  Peace  to  print 91 

Sheriff  to  make  boxes  for 92 

Sample  ballot  at  first  election 93 

BOOTHS: — 

Number  of 77 

Dimensions  and  construction  of 77 

Number  of  ballots  in 86 

No  more  than  one  voter  for  each 87 

No  more  than  one  person  in 88 

CANDIDATES: — 

Nomination  of,  to  be  certified  to  Clerks  of  the  Peace ....  79 

Death,  resignation  or  removal  of 79-83 

Names  of,  on  ballots 81 

Death,  resignation  or  removal  of,  after  printing  ballots .  .  83 

CERTIFICATES: — 

Of  nomination 79 

Form  of  certificates 79 

Destroying  or  defacing  a  nomination 92 

CHALLENGERS  : — 

Political  parties  to  select ' 78 

In  event  of  failure  to  select .  .          78 


To  be  peace  officers  of  State 78 

Misdemeanor  to  resist 78 

May  challenge  voters 87 

CLERKS  OF  ELECTIONS: — 
See  Election  Officers. 

CLERKS  OF  THE  PEACE: — 
For  duties  of,  see. 

DEVICE: — 

To  be  used  uniformly  by  party ^ 79 

Same  device  to  be  used  by  only  one  party 79 

Prior  right  to  use 79 

United  States  or  State  Seal  prohibited  as  a 79 

Dispute  as  to,  when  factional  differences 79 

ELECTION  OFFICERS: — 

Arrangement  of  room  for 77 

Clerks  of^election  to  sign  envelopes 84 

Inspector  to  deliver  envelopes  to  clerk  of  the  election.  . .  86 
Clerks  of  the  Election  to  have  custody  of  ballots  and 

envelopes  in  election  room 85 

May  challenge  voters 87 

Voters  to  announce  names  to  Clerks  of  Election 87 

To  return  spolied  envelopes  or  ballots  to  Clerks  of  Elec- 
tion   88 

To  take  oaths 89 

To  keep  tally  list  of  envelopes  containing  more  than  one 

ballot 91 

Penalty  for  revealing  vote 91-92 

Further  penalties 92 

ENVELOPES  :— 

Clerks  of  the  Peace  to  provide  ungummed 84 

Clerks  of  Election  to  sign 84 

Wrapping  and  delivery  of 84 

Loss  of 85 

Clerks  of  Election  to  write  full  names  on 86 

Not  to  be  taken  from  election  room 87 

Distinguishing  mark  on 89 

Names  of  Clerks  necessary  to  have  ballot  counted.  .  .  .   90-91 

INSPECTORS: — 

Outside  of  Wilmington  to  make  arrangements  for  holding 

elections 77 

To  provide  for  an  election  room 78 

To  select  challenger  under  certain  conditions 78 

To  obtain  ballots   from   Clerks  of  the  Peace  when  out- 
side of  Wilmington : 85 

Loss  of  ballots  by . .  85 


Duties  of,  upon  opening  of  election 86 

To  post  ins  truction  cards 86 

Voter  to  deliver  envelope  to 87 

Xot  to  deposit  envelope  unless  names  of  the  Clerks  are 

written  thereon 89 

Penalties  for  violation  by 92 

To  read  sections  31  and  32  upon  opening  of  the  Polls.  .  93 

INSTRUCTION  CARDS  : — 

Clerks  of  the  Peace  to  supply 86 

Inspectors  to  post 86 

Form  of 87 

NOMINATIONS  : — 

Officers  of  convention  to  certify  names  of  nominees  to 

Clerks  of  the  Peace 79 

Form  of  certificate 79 

Clerks  of  the  Peace  to  preserve  certificates  of 80 

Time  of  filing  certificates  of 80 

To  publish  list  of  nominees 80 

Defacing  or  destroying  certificate  of 92 

PARTIES: — 

Definition  of  political 78 

Certificate  designating  title  of 79 

Device  of 79 

Names  of 79 

Chairman  of  political  committees  to  fill  vacancies 83 

Challengers  of 87 

PENALTIES: — 

For  resisting  challenger 78 

For  feigning  need  of  assistance 88 

For  violating  oath 89 

For  refusal  of  Clerk  of  the  Peace  to  print  ballots 91 

For  revealing  vote 91-92 

For  destroying  nomination  certificate 92 

For  violations  by  certain  officers 92 

For  attempting  to  enter  election  room 92 

For  causing  elector  to  deface  ballot 92-93 

For  attempting  to  cause  election  officer  to  violate  act.  .  93 

For  removal  or  destruction  of  supplies  in  election  room .  .  93 

SHERIFF: — 

To  make  ballot  boxes  and  tally  lists 92 

VACANCIES: — 

Chairman  of  party  organization  to  fill 83 


VOTERS  : — 

Directions  to,  upon  admittance  to  election  room 87-88 

WILMINGTON,  CITY  OF: — 

Department  of  Elections  to  select  voting  places  and 

make  arrangements  in 78 

Department  of  Elections  to  distribute  ballots  in 85 

Applicable  to  all  Municipal  Elections  held  in,  except 
Board  of  Education 94 

BETTING— 

At  elections  on  result,  Penalty 132 

BOARD   OF   CANVASS— 

Superior  Court  to  be 65-66 

Meeting  of : 66 

Canvass  of  returns 66 

Return  in  case  of  Military  interference • 136 

May  choose  place  of  meeting  in  case  of  interference 138 

BOOKS   OF   REGISTERED   VOTERS— 
(See  Books  of  Registration.) 

BOOKS  OF   REGISTRATION- 

Governor,  to  provide 10-34 

Entries,  how  arranged 10-34-36 

Form  of 10-11-34-36 

Delivery  of,  to  Sheriff 11-12-37 

Delivery  of,  by  Sheriff 11-37 

Endorsements  on 12 

Entries  in 13-31 

Signing 17 

Comparison  of 20 

Corrections  in 21 

Certificate  appended  to 21 

Custody  of 24 

Alternate  Registrar  to  have  when 25 

Delivery  of 25 

Loss,  destruction,  &c.,  of 29-30 

Procuring  for  special  election 30 

BOOTHS— 

(See  Ballot  Law  of  1913.) 

BRIBERY— 

Penalty  for 130-131 

A  misdemeanor 134 

Of  election  officer 139 

Challenge  for,  at  registration 17 

Oath,  form  of 17 


False  oath. . . .  , IT 

Of  the  registration  officers 29 

Objection  to  votes  for 63 

Oath,  to  be  administered 64 

C 
CERTIFICATES— 

(See  Ballot  Law  of  1913.) 

Of  nomination 7<T 

Form  of 79' 

Destroying  or  defacing  a  nomination 92 

Of  Registration,  Abolished 19-39 

Of  oath 54-58 

Of  Election,  form,  &c 55 

Of  oath  of  election  officers 58-100 

Of  result  of  election 67-102 

Custody  of 65 

Delivery  of .  . '. 66 

Of  election,  production  of  upon  failure  of  Inspector  to 

attend  Board  of  Canvass 66 

Ascertainment  of  result  of  election  by  Superior  Court, 

Form,  &c 69 

Manner  of  filling  up 70 

Of  tie  votes  to  be  delivered  to  the  Governor 74 

Delivery  of,  of  election  by  Superior  Court 74 

Delivery  of,  by  Prothonotary 75 

CHALLENGERS— 

Selection  of,  and  change  of 78-97 

Failure  to  select 78 

Powers  of,  oath 97 

To  be  peace  officers 78 

Misdemeanor  to"  resist 78 

May  challenge  voters 87 

CLERKS   OF  ELECTION— 

To  sign  envelopes 84 

Selection  of 61-62-97 

To  receive  envelopes 86 

To  have  custody  of  ballots  and  envelopes 85 

Oath  of,  form 61 

Compensation  of 95 

Voters  to  announce  names  to 87 

Signing  initials  on  ballots 98 

Duties  of,  at  election  in  military  and  naval  organizations  101 
Spoiled  envelopes  or  ballots  returned  to 88 

CLERK  OF  THE  ORPHANS'  COURT— 

Certificate  of  election  of . .  68 


8 

CLERKS   OF   THE   PEACE- 

Duties  of,   under  an  Act  to  further  provide  for  the 

secrecy  and  purity  of  the  ballot 77 

To  demand  certificate  as  to  number  of  bona  fide  voters .  .  78 

To  print  ballots 78 

Names  of  nominees  to  be  filed  with 79 

To  determine  priority  of  party  device 79 

To  assemble  and  decide  factional  differences  as  to  title, 

symbol,  &c 79 

To  select  party  name,  title  or  device 80 

'To  decide  individually  when  time  is  limited 80 

To  act  when  county  or  district  division 80 

To  preserve  nomination  certificates 80 

Nomination  certificates  to  be  filed  with 80 

To  publish  lists  of  nominations t 80 

Not  to  publish  name  of  man  declining  nomination 81 

To  have  ballots  of  uniform  size 81 

Arrangement  of  ballot 81 

To  print  fifteen  ballots  for  every  voter 83 

To  have  printed  additional  ballots  for  political  parties .  .  83 
To  deliver  in  addition  two  ballots  for  each  voter  free  of 

charge •  •  83 

To  wrap  residue  of  ballots  in  two  packages 84 

To  supply  envelopes  for  ballots 84 

To  wrap  and  mark  envelopes 84 

Inspectors   outside   of   Wilmington   to    obtain   ballots, 

envelopes,  &c.,  from 85 

To  deliver  to  some  trusty  person 85 

Department  of  Election  in  Wilmington  to  obtain  ballots 

from,  and  distribute  same 85 

Loss  of  ballots  to  be  reported  to 85 

To  print  instruction  cards 86 

Upon  refusal  of,  to  print  ballots 91 

Penalties 91 

To  supply  sample  ballot  at  first  election  under  this  act .  .  93 

Certificate  of  election  of 68 

To  receive  and  keep  Books  of  Registration 26 

To  deliver  to  Registrar  for  registration  for  special  elec- 
tion  ' 30 

Folding  ballots 98 

To  furnish  lists  of  Registration,  &c.,  to  encampments  of 

military,  &c ; 103 

COLOR- 

Not  entered  in  Registration  Books 15-34 

COMPTROLLER   (NEW  CASTLE   COUNTY)- 

Electionof..  160 


Term  of  office,  &c _  160 

Certificates  of  election 57-68 

CONSTABLES— 

Fees  of,  for  service  of  process. 26 

Required  to  attend  elections,  duty  of 130 

CONTESTED   ELECTIONS— 

Seats  in  Legislature 150 

Notice  of,  specifications 150 

Mode  of  contest 150-151 

Of  others  than  members  of  the  General  Assembly 152 

Proceedings 152 

Of  Electors  of  President  and  Vice-President 157 

Proceeding  of  contest. 157-158 

CORONER— 

Certificate  of  Election  of 72 

CORPORATIONS— 

Intimidation  by 159 

COUNTY   COMPTROLLER— 
(See  Comptroller.) 

COUNTY  EXECUTIVE   COMMITTEE- 

To  name  Judges  of  election 60 

To  recommend  names  for  Registration  officers ^.  .  .  7 

To  name  Judges  of  election 60 

COUNTY  TREASURER— 

Election,  term  of  office 160-171 

Certificate  of  election  of . .  72 


D 

DEPARTMENT   OF  ELECTIONS— 

To  designate  voting  placec  in  Wilmington 40-78 

Providing  conveniences  for  elections 54 

To  deliver  ballots,  &c.,  to  Inspectors 85-215 

DEVICE— 

See  Ballot  Law  of  1913 79 

E 

ELECTION    MESSENGER— 

Appointment  of 102-103 

Duties  of 102-103 

Oath,  &c 103 

Compensation 103 


10 

ELECTIONS— 

(See  Ballot  Law  of  1913.) 

Who  may  be  in  room 61 

Place  of  holding 40-129 

Notice  of  change  of  place 54 

Time  and  place  of  holding 100-198 

Notice  of,  by  inspector 59 

Time  of  opening 62 

Close  of,  notice 64 

Counting  votes,  &c , 64-101 

Plurality  to  elect 129 

Of  electors  of  President  and  Vice-President,  when  held.  .    145 

Of  Representative  in  Congress 148 

Tie  votes 73 

Act  regulating  primary,  in  New  Castle  County 104-124 

Amendment  of 124-128 

Extending  primary  law  to  Kent  and  Sussex  Counties.  .  .   124 

ELECTIONS  CONTESTED— 

(See  Contested  Elections.) 

ELECTION   DISTRICTS— 

Division  of  counties  into,  &c 40 

Place  of  voting  in  new 54 

Change  of  voting  places  in 175,  179,  181,  184,  185, 

187,  189,  191,  193,  196. 

Boundaries  of  changed 176,  177,  178,  180,  181,  184, 

186,  188,  190,  192,  194,  195. 

ELECTION   OFFICERS— 
(See  Ballot  Law  of  1913.) 

Form  of  oath  of 58-59 

Duty  of,  during  time  of  voting 101 

To  take  prescribed  oath 59-89 

Compensation  of 95 

Choice  of  clerks 61 

Ballot  boxes,  examination  of 61 

Custody  of  boxes 61 

Special  at  polling  places 95 

Election  and  appointment  of 100 

Selection  of  Judges 60 

Duties  of,  during  election 59-60-61 

Reading  and  counting  votes 64-65 

Certificates  of  result _ 65 

Delivery  of  certificates  and  ballot  boxes,  &c 66 

Powers  of 130 

Penalty  for  neglect  of  duty 130 

Receiving  unlawful  votes,  penalty 131 

Oath  of .  100 


11 

To  be  in  separate  room 61 

Bribing  of 139 

ELECTION  OF  PRESIDENT  AND  VICE-PRESIDENT— 

How  chosen 145 

Election,  when  held 145 

Proclamation 145-146 

Certificates 70-146 

Failure  to  elect,  Legislature  convened 146 

Meeting  of,  voting,  &c 147 

Contested  elections  of  electors  of  President  and  Vice- 
President 157 

EXEMPTION- 

From  jury  or  military  duty 9 

Serving  as  Registrar  officer 9 

G 
GOVERNOR— 

Appointment  of  registiation  officers ' 7-8 

Preparation  and  delivery  of  registration  books.  .  .  .10-11-12 

*  31-34-36-37 

Delivery  of  books  to  Sheriff 11-37 

Proclamation  of,  of  number  of  electors  to  be  elected  for 

President  and  Vice-rPesident 145 

Examination  of  returns  of  election  of,  Attorney  General, 

&c 76 

Certificate  of  election  of  filing 76 

Proclamation  of,  State  of  vote 76 

Convening  of  General  Assembly 143 

Returns  of  election  of  Representative  in  Congress 148 

Writs  of  election 143-148 

Certificates  of,  election  of 70 

Certificate  of  tie  vote  to  be  delivered  to 74 

I 
INSPECTOR— 

(See  Ballot  Law  of  1913.) 

Appointment  of,  for  1898 142 

Election  of,  thereafter 142 

Certificate  of,  election  of 73 

Compensation 95 

Oath  of 58 

To  receive  ballots  for  his  election  district 215 

Delivery  of  oaths,  certificates,  &c.,  to  Clerk  of  the  Peace  95 

In  absence  of,  Registrar  to  act 59 

Notice  of  election  by,  how  given 59 

Proclamation  at  opening  and  closing  of  polls 62-64 


12 

Notice  of  special  election 143-144 

Delivery  of  certificates,  ballot  boxes,  &c 66 

To  select  voting  place 193 

INSTRUCTION   CARDS— 

See  Ballot  Law  of  1913.  . 86-87 

INSURANCE   COMMISSIONER— 

Certificate  of  election  of 70-76 

INTIMIDATION- 

Persons  using,  at  registration 29 

At  elections  by  persons  or  corporations 159 

Liability 159 

INTOXICATING   LIQUORS— 

Stalls  for  sale  of,  unlawful 133 

Selling  prohibited,  penalty 133-134 

Selling  or   giving   away,   unlawful   on  day  of   election 

within  one  mile  of  voting  place,  penalty 133-134 

In  registration  place,  unlawful 27 

JUDGE   OF  ELECTION- 
(See  Election  Officers.) 

How  selected * 60-61-95 

Oath  of  office 60-214 

To  choose  Clerks  of  Election 61 

Duty  of,  in  making  entries  on  list 63 

Inspector  to  be 59 

Absence  of 60 

Refusal  to  serve 60 

Compensation  of 93 

JUSTICES  OF  THE   PEACE— 

To  attend  elections,  duty  of 130' 

L 

LEVY  COURT- 
TO  ascertain  compensation  of  Registration  Officers.  ...     27 

LEVY  COURT   COMMISSIONERS— 

Election  of 162-164-165 

Term  of 162-164-165 

Vacancies,  how  supplied 162-164-166 

(Of  New  Castle  County),  boundaries  and  divisions,  elec- 
tion of 161 

(Of   Kent   County),   elected  from   Representative   Dis- 
tricts, &c 164 

Certificate  of  election  of  (of  New  Castle  County) 72 


13 

Certificate  of  election  of  (of  Kent  Count}-) 72 

Certificate  of  election  (of  Sussex  County) 72 

(Of  Sussex  County),  Districts  and  elections  of 165 

LIEUTENANT   GOVERNOR— 

Certificate  of  election  of 70 

M 
MILITARY   INTERFERENCE— 

At  elections 136 

Right  to  withdraw  and  go  to  other  places  to  hold  election  136 

Oath  of  voter 136 

Polls,  where  held 137 

Baord  of  Canvass 137-138 

MILITIA— 

Unlawful  for  officers  to  call  out  the,  on  election  day, 
penalty 134 

MILITARY  AND   NAVAL  ORGANIZATION— 

Registration  of  persons  engaged  in 31 

Right  to  vote,  &c 100 

N 
NOMINATIONS— 

Officer  of  convention  to  certify  names  of  nominees  to 

Clerks  of  the  Peace 79 

Form  of  certificate 79 

To  preserve  certificate  of 80 

Time  of  filing  certificate  of 80 

To  publish  lists  of 80 

Defacing  or  destroying  certificate  of 92 

Delivery  of  list  at  encampments 102 

O 

OATHS— 

(See  Ballot  Law  of  1913.) 

In  case  of  challenge  for  bribery 17-64 

Book  of,  delivery 64-215 

OATH   OF   OFFICE— 

Of  election  officers 58-60-61-100-214 

Violation  of,  by  election  officers 89 

Of  registration  officers 8-9 

OBJECTION   TO  VOTES— 

Reasons  for 63 

OBSTRUCTION  AND   INTERFERENCE— 

Of  voter  by  person  or  military  power 135 


14 

'Civil  action  for  damages 135 

Disclosures,  duty  to  make 135 

Limitation  of  action 135 

P 
PASTERS— 

When  may  be  used 83 

PARTY  POLITICAL— 

(See  Ballot  Law  of  1913.) 

What  shall  constitute  a 78 

Words  denned 97 

PENAL  OFFENSES— 

(See  Ballot  Law  of  1913.) 

Election  officer  or  other  person  breaking  packages  con- 
taining ballots,  &c.,  before  opening  of  election,  fine.  .     93 

Violation  of  oaths  of  office  by  election  officers 89 

Refusal  or  neglect  of  Clerk  of  the  Peace  to  perform  du- 
ties under  the  law,  penalty 91 

Election  officers  revealing  certain  facts,  penalty 91-92 

Destruction  of  certificates  of  nomination,  penalty 92 

Entering  or  attempting  to  enter  room  or  railing,  con- 
trary to  law,  penalty 92-97 

Distinguishing  marks  on  ballots,  penalty 93 

Inducing  election  officers  to  violate  provisions  of  the  law     93 
Tearing    down   or   destroying   conveniences    at   polling 

place,  penalty 93 

Refusal  to  qualify  or  failure  to  perform  the  duties  of  the 

office  of  Registration  officer,   penalty 9 

Registration  officers  making  fraudulent  entries  or  failing 

to  perform  duties,  penalty 28 

Taking   untoxicating   liquors   t^>   place   of   Registration 

unlawful,  penalty 27 

Assault,  riot,  breach  of  peace 29 

Loss  or  destruction  of  Registration  Books,  penalty 29 

Feigning  physical  defects  at  voting,  penalty 89-96 

Elector  assisting  voter,  disclosing  nature  of  vote,  penalty     98 
Entering  election  room  without  consent,  penalty.  .   61-62-92 

Interference  with  elections 65 

Disqualified  voters  causing  or  attempting  to  cause  them- 
selves to  be  registered,  penalty 28 

Intimidation,  threats,  &c.,  penalty 29 

Mutilation,  destruction  or  pulling  down  of  alphabetical 

lists,  penalty 29 

Officer  of  election  giving  information  as  to  how  persons 

vote,  penalty 91-92-99 

Secreting  self  in  election  room,  penalty 99 


15 

Violation  of  law  in  voting  of  military  or  naval  organiza- 
tions      103 

Neglect  of  duty  at  elections  by  Justice  of  the  Peace,  Col- 
lectors and  Constables,  penalty 130 

Neglect  of  duty  of  election  officers,  penalty 130 

Receiving  unlawful  votes,  fine,  penalty 131 

Destruction  of  certificates  of  election  by  officers,  penalty  131 

Illegal  voting,  penalty,  fine 131 

Bribery,  penalty. ..." 131-132 

Accepting  bribe  misdemeanor,  penalty 132 

Betting,  penalty 132 

Breaches  of  the  peace 132 

Sale  of  liquor,  penalty 133-134 

Calling  out  of  militia,  penalty,  fine 134 

Refusal  of  Judges  to  serve,  penalty 60 

Intimidation   at   elections   by   persons   or  lorporations, 

•   penalty 159 

PENCIL— 

Kind  to  be  used  in  marking 89 

PERJURY- 

Election  officers  receiving  unlawful  votes  guilty  of 131 

POLL   LIST— 

For  voters  in  military  or  naval  organizations  .  . .    101-102-103 

POLLING   PLACE— 

Place  of T  ....  40-100-129 

Notice  or  change  of 54 

Change  of,  in  case  of  military  interference 138 

PRESIDENT  AND  VICE-PRESIDENT— 

Election  of  electors  for 145 

PRESIDING  OFFICER   OF   ELECTION— 
(See  Election  Officers.) 

PRIMARY  ELECTIONS— 

Act  regulating,  in  New  Castle  County 104-124 

Amendment  of 125-128 

Extending  law  to  Kent  and  Sussex  Counties 124 

PRINTER  OF   BALLOTS— 

Duty  of 78 

PROCLAMATION— 

Of  vote  in  State    76-146-148 

PROTHONOTARY- 

Certificate  of  election  of 71 

(Kent  County)  delivery  of  certificates  of  result  of  elec- 


16 

tion 74-75 

Duty  of,  in  case  of  contested  elections,  other  than  the 

members  of  Legislature 152 

Duty  of,  in  contested  election  of  Electors  of  President 

and  Vice-President 157 

R 

RECEIVER  OF  TAXES  AND  COUNTY  TREASURER 

(New  Castle  County) — 

Election  of 160 

Certificate  of  election  of 72 

RECORDER— 

Certificate  of  election  of .     71 

REGISTER  IN   CHANCERY- 

Certificate  of  election  of 71 

REGISTER  OF  WILLS— 

Certificate  of  election 71 

REGISTERS— 

(See  Books  of  Registration.) 

REGISTRARS— 

(See  Registration  officers.) 

To  make  entries  on  books 12-34 

To  give  notice  of  the  place  and  days  of  sitting  for  regis- 
tration  13-38 

Registration  Fee  abolished 36 

To  administer  bribery  oath . 17 

Giving  certificate,  abolished 18-39 

Notice  to,  of  appeal 21-24 

To  make  certificates  of  registration,  abolished 18-39 

Notice  to,  of  application  for  corrections 23 

To  retain  possession  of  books 24 

To  attend  hearing  of  appeals 25 

To  deliver  books  to  Inspector 25 

To  keep  other  books  safely  and  deliver  to  Clerk  of  the 

Peace 25-26 

To  have  powers  of  Justice  of  the  Peace 26 

Compensation 26 

Opening  lists,  returned  by  auxiliary  registrar 32 

Registration  of  names  on  list,  challenges 32-33 

Keeping  books 33 

Account  of  registration  fees  abolished 33-36 

To  act  as  Inspector,  when 59 


17 

REGISTRATION   CERTIFICATES- 
GO  vernor  to  furnish  books  of,  repealed 11-39 

REGISTRATION   FEE— 

Abolished 36 

Collection  of 14-33 

Account  of 33 

REGISTRATION   OFFICERS— 

Appointment,  qualifications  and  term 7-8 

Politics 7 

Oath  of  office 8-9 

Vacancies 8-9 

Must  act 9 

Refusal  to  qualify  and  act 9 

Delivery  of  Registration  books  to • 11-37 

Entries  on  books 12 

Times,  place  and  purpose  of  sitting 13-38 

Notice 13 

Who  to  admit  in  room 14 

Meeting  of 14 

Registering  of  voters 14-38 

Entries  in  books 14^15-16 

Postponement  of  registration 16 

Signing  book 17 

Making  entries  in  books  of  "Registered  Voters " 18 

To  print  and  post  alphabetical  list 18 

Review  of  registration,  notice,  hearing,  &c 19 

Entries,  certificate,  &c.,  in  case  of  removal 19 

Quorum  and  acts 20 

To  compare  books 20 

Corrections  in  books 21 

To  append  certificates  to  books 21 

Compensation 26-27 

Making  fraudulent  entries,  &c 28 

Losing  books,  &c 29 

Making  registration  for  special  election 30 

Auxiliary  registration  of  voters,  appointment,  duties,  &c  31-33 
To  keep  separate  lists  of  names  returned  by  auxiliary 
registrar 103 

REGISTRATION   OF  VOTERS— 

Duties  of  Registrars  and  Assistant  Registrars 13 

Sittings  for  registration 13-38 

Notice  of  place  of  sitting 13 

Quorum 20' 

Persons  admitted  in  room 14 

Meetimgs  of  officers 14 


18 

Collection  of  registration  fee 14 

Registration  Fee  abolished 36 

Entries  of  Register 14-15-16 

Qualifications  for  registration 16 

Disqualifications 16 

Challenger,  appeal,  &c 16 

Postponement  of  registration 16 

Signing  each  day's  registration 17 

Challenge  for  bribery 17 

Oath,  form  of 17 

Oath  conclusive 17 

False  oath,  perjury 17 

Refusal  to  make  oath 18 

Entries  in  book  of  "Registered  Voters" 18 

Certificate  of  registration  bolished 18-39 

Printing  and  posting  of  alphabetical  list 18 

Review  of  decision  of  registration  on  affidavit 19 

Hearing,  notice,  entries 19 

Removal  from  district  after  registration 19 

Application,  certificate,  entries,  &c 19-20 

Notice,  what  sufficient 20 

Comparison  of  books 20 

Entries  of  omitted  names 20 

Correction  of  books 21 

Certificate  appended  to  books 21 

Appeal  to  Judge , 21 

Notice,  hearing,  decision,  &c 21-23-24-25-26 

Corrections,  notice  to  registrar,  service 23-24 

When  application  to  be  heard 24-25 

Persons  engaged  in  army  or  navy 31-33 

Application 31 

Lists  of  applicants,  how  kept 32 

Return  of  lists  to  Registrars 32 

Opening  lists  and  registering 32 

Challenges 33 

Disqualified  voters  causing  or  attempting  to  cause  them- 
selves  to   be  registered;    intimidation,   threats,   &c. ; 

assaults,   riots,   &c. ;    penalty 28-29 

Destruction,  mutilation,  erasion  or  alteration  of  registers 

or  voting  books,  penalty 28-29 

Mutilation,  destruction  or  pulling  down  of  alphabetical 

lists  of  qualified  voters,  penalty 29 

Special  elections 30 

Duty  of  Clerks  of  the  Peace 30 

Delivery  of  books,  &c 30 

REPREvSENTATIVE  IN  GENERAL  ASSEMBLY- 

Certificate  of  result  in  election  of .  .  71 


19 

REPRESENTATIVE   IN   CONGRESS— 

Election  of 148-149 

Certificate  of  result  of  election  of 70 

RESIDENCE— 

Necessary  for  Registration 15 

Rules  as  to 129 

ROAD  COMMISSIONERS  (NEW  CASTLE  COUNTY)— 

Election  of 172 

Certificates 73 

Election  of,  in  New  Castle  Hundred 174 

S 
SENATORS,  STATE— 

Certificates  of  result  of  election  of 71 

SHERIFF— 

Certificate  of  election  of 72 

Ballot  boxes,  tally  lists,  &c.,  to  make  and  deliver.   54-55-214 

Delivery  of  registration  books 11-37 

Delivery  of  ballot  boxes,  time  of 54-55-214 

To  have  printed  and  deliver  to  election  officers  oaths  for 

bribery 64-214 

Preserving  ballot  boxes,  ballots,  &c 69-75 

Notice  of  writ  of  election 143-149 

Proclamation  of  special  election  to  fill  vacancies  in  office 

of  Representative  in  Congress 148 

Fees  of,  for  serving  process  under  registration  act 26 

SPECIAL  ELECTION- 

Additional  registration  for 30 

To  fill  vacancies  in  General  Assembly 143-144 

To  fill  vacancy  in  office  of  Representative  in  Congress ..  .    148 
Special  officers 97 

STATE  TREASURER— 

Certificate  of  election  of 70-76 

To  pay  compensation  of  registration  officers 27 

SUPERIOR   COURT— 

Delivery  of  certificates  and  ballot  boxes  to 66-67 

Canvass  of  return 66 

Of  whom  c'mrt  to  consist 66 

Powers  of  court 66 

Delivery  of  ballot  boxes,  to  Sheriff 69 


20 

To  make  certificates  r>f  result  of  election,  selaing,  &c. .  .  . 

67-69-74-75-76 
To  whom  to  deliver  certificates 74-75-76 

T 
TALLY   LISTS- 

Form  of ,  &c 55 

Signing 22 

Of  envelope 91 


VACANCIES— 

In  office  of  Registration  officer 8-9 

Governor  to  fill 8-9  * 

In  nominations 83 

VOTES— 

Penalty  for  receiving  unlawful 131 

Counting 64 

VOTERS— 

Qualifications  of I 62-63-64 

Assistance,  when 88-96 

Persons,  engaged  in  military,  &c 100 

VOTERS'   ASSISTANTS— 

Office  of,  abolished , 89-94 

VOTING- 

Place 40  &c.,  129. 

Mode  of .•••/•••   62'63 

Of  person  engaged  in  military  and  naval  organizations  .  .    100 

Illegal,  penalty 131 

Changes  in,  places . .175,  176,  177,  178,  179,  180,  181, 

184,  185, 186, 187, 188, 189,  190,  191,  192, 193, 194,  195, 196. 

W 

WRIT   OF   ELECTION- 

To  fill  vacancies  in  General  Assembly 143 

Notice 143 

To  fill  vacancy  in  office  of  Representative  in  Congress .  .  148 

WILMINGTON- 

Titne  to  open  election  in 211 

Compensation  of  Election  Officers  in 216 


21 


INDEX 


TO 


Laws  Relating  to  Wilmington 
Hundred 


ASSESSORS— 

Districts  in  Wilmington  Hundred 209 

Election  of,  when  held 210 

Qualifications  of 210 

Qualifications  of  Voters 210 

Ascertainment  of,  result  of  election  of 210 

Certificate 210 

Tie  vote,  &c 211 

D 
DEPARTMENT   OF   ELECTIONS— 

Appointment  of 197-204-206 

Present  members  continued 197 

Qualifications  of  members 197 

Members  not  to  hold  other  offices 197 

Vacancies  in 197 

Political  complexion 198 

Oath  of 198 

Organization 198 

Compensation,  how  paid 198-202 

Duties  of 198-199-202-203-204-206 

Office  of,  rent,  &c 202 

To  receive  ballots 85 

To  select  voting  places 203 

Appointment  of  election  officers,  &c 203 

Increase  in  membership  of 204 

Term  of 204-206 

Powers  of  new  members 204 

Duties  and  compensation  of 198-213-214 

Neglect  of  duty,  or  corrupt  or  fraudulent  practices 202 

Powers  and  privileges 204 

Public  notice 213 

Print  lists.  .  213 


22 

To  deliver  to  County  Committees 214 

To  deliver  ballot  boxes,  tally  lists,  oaths,  &c.,  to  In- 
spectors    215 

E 
ELECTION   DISTRICTS— 

Division  of  Wilmington  into 198 

Limits  of,  voters  in,  &c 198 

Titles  of 198 

ELECTION   OFFICERS— 

Compensation  of 216 

G 
GOVERNOR— 

To  appoint  Department  of  Elections 197-203-204 

To  fill  vacancies  in 197-203-204 

I 
INITIATIVE  AND  REFERENDUM 207-208 

O 
OATH— 

Of  members  of  Department  of  Elections 198 

Of  registration  officers 200-212 

P 
POLLS— 

Time  of  opening 211 

R 
REGISTRATION   OFFICERS— 

Appointment  of,  certificate 199-201-212, 

Recommendation  of  names 199 

Dismissals  and  removals 198-199 

Qualifications,  politics,  &c 200 

Time  and  method  of  appointment 199 

Terms  of  office. 199-200 

Alternate  registrar,  when  to  act 200 

Filling  vacancies  in 200 

Oath  and  qualification  of 200-201-202 

Vacancies,  how  filled 201 

When  ineligible  to  office 201 

Exemptions  from  certain  duties 202 

Exemptions  from  appointment  as 201-202 

Have  lists  printed  and  give  public  notice 213 


997 


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